In practice, we are now likely to see an increase in the SFO issuing section 2(3) document requests to foreign companies through handing the relevant written notices to an individual representative of that company who is based in or travels to/through the UK (possibly whether that individual representative is senior or not). It appears that the SFO may seek to do so where the foreign company is simply involved in the subject matter under investigation. This will clearly have practical implications for international organisations who may be involved in SFO investigations.
More broadly, this judgment suggests that the Courts may increasingly have regard to public policy considerations when determining the extra-territorial effect of similar statutory provisions.
We will issue a more detailed briefing in due course.