Can the Pensions Regulator compel a non-UK entity to provide information?

Table of contents

• The judgment
• What does this mean for pension schemes and sponsors?

Article summary

Pensions analysis: In its recent judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud Office (SFO) [2021] UKSC 2, the Supreme Court unanimously held that the information gathering powers granted to the SFO under section 2(3) of the Criminal Justice Act 1987 (CJA 1987) did not have extraterritorial effect, and could not be used to compel an overseas company to produce information and documents to the SFO, even where that information relates to an investigation into a UK subsidiary. Tim Smith and Aaron Zack of Herbert Smith Freehills consider the ruling and its practical implications.