- UK Supreme Court ruling could reshape international disclosure
- Possible outcomes under section 1782
- On one hand, the SFO may have obtained its documents in short order and avoided almost two years of litigation
- On the other hand, the SFO’s request might have been rejected because of a curious precedent set two decades ago by Mohamed Al Fayed
- Implications in the US
Law360, Expert analysis: A recent UK Supreme Court ruling that KBR didn’t have to provide documents held overseas to the Serious Fraud Office (SFO) reveals the UK to be taking a divergent approach from the US and has important implications for cross-border discovery (disclosure) and criminal investigations, say Katherine Toomey and Eric Lewis at Lewis Baach.
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