The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
The company argued the DPA had expired before enforcement action began. The High Court disagreed, stressing that DPAs are statutory tools serving the ‘public interest’, not mere commercial contracts
Clear words would have been needed to relieve the company of its obligation. The SFO survived—but, as Fisher notes, it was a ‘narrow squeak’, with lessons to learn on clarity, timing and enforcement.
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