Resources: Legal paper

44 results
The Corner House and Samata

30 April 2010

Lawyers acting for The Corner House and Indian group Samata requested a Judicial Review of the decision by the UK's Export Credits Guarantee Department (ECGD) effectively scrapping its absolute ban on providing financial support to projects overseas involving "harmful" child labour and forced labour. ECGD stated in response that it does not have to consider whether its support contributes to human rights abuse, because it "does not owe obligations to persons outside the jurisdiction of the UK".

but withdraw legal challange
The Corner House and Campaign Against Arms Trade

8 April 2010

Campaign Against Arms Trade and The Corner House withdrew their application for a judicial review of the 5 February 2010 decision by the Serious Fraud Office (SFO) to enter a controversial plea bargain settlement with BAE Systems and to drop "conspiracy to corrupt" charges against a BAE former agent. They concluded they were unable to appeal against the 22 March 2010 refusal by a High Court judge to grant permission to bring the legal challenge. Nonetheless, both CAAT and The Corner House will continue to raise questions about the settlement and the process leading up to it.

to apply for Judicial Review of SFO-BAE-Tanzania settlement
Honourable Mr Justice Collins

22 March 2010

On 22 March 2010, a High Court judge, the Honourable Mr Justice Collins, refused to grant permission to Campaign Against Arms Trade and The Corner House to bring a judicial review of the Serious Fraud Office February decision to make a plea bargain settlement with BAE Systems and to drop "conspiracy to corrupt" charges against a BAE former agent.

Serious Fraud Office and BAE Systems

12 March 2010

After CAAT and The Corner House had submitted their application on 26 February 2010 for a judicial review of the Serious Fraud Office decision to make a plea bargain settlement with BAE Systems and to drop "conspiracy to corrupt" charges against a BAE former agent, the Director of the Serious Fraud Office and BAE Systems submitted their versions of the facts and legal grounds to contest the application, arguing that permission to bring the review should not be given.

The Corner House and Campaign Against Arms Trade

1 March 2010

The High Court granted an injunction prohibiting the Director of the Serious Fraud Office (SFO) from taking any further steps in its February 2010 plea bargain settlement with BAE Systems. The injunction is in force until the Court decides whether or not to give permission to Campaign Against Arms Trade and The Corner House to apply for a judicial review of the settlement.

PRESS RELEASE

Judicial review papers lodged
The Corner House and CAAT

26 February 2010

Lawyers acting for Campaign Against Arms Trade (CAAT) and The Corner House lodged papers on 26 February 2010 at the High Court in London asking for an injunction to delay the UK's Serious Fraud Office (SFO) from seeking court approval for its controversial plea bargain settlement with BAE Systems pending the outcome of a Judicial Review. They lodged papers requesting the Judicial Review at the same time.

against UK Serious Fraud Office's BAE settlement
CAAT and The Corner House

12 February 2010

Lawyers acting on behalf of Campaign Against Arms Trade (CAAT) and The Corner House issued a letter to the Director of the Serious Fraud Office (SFO) laying out their intention to request a judicial review of the 5 February 2010 decision by the SFO to enter a plea agreement with BAE. The basis for the legal challenge is that the SFO failed properly to apply prosecution guidance (including its own guidance). In particular, the plea agreement reached fails to reflect the seriousness and extent of BAE's alleged offending, which includes corruption and bribery, and to provide the court with adequate sentencing powers.

following up OECD Phase2bis report
solicitors Leigh Day & Co, and Export Credits Guarantee Department

30 March 2009

This exchange of letters between the UK's export credit agency and lawyers acting for The Corner House and Campaign Against Arms Trade revealed that BAE Systems had cancelled all its public insurance for its arms sales to Saudi Arabia with effect from 1 September 2008. These sales have been underwritten by the agency for more than two decades and accounted for half its portfolio.

In BAE-SFO-Saudi judicial review
Lord Bingham, Lord Hoffmann, Lord Rodger, Baroness Hale and Lord Brown

30 July 2008

On 30 July 2008, five Law Lords overturned the High Court's ruling of April 2008 when they stated that the SFO Director had acted lawfully in stopping a corruption investigation into BAE Systems' arms deals with Saudi Arabia when faced with a threat to national security. They stated that the Director's discretion to drop criminal proceedings extended legally to taking account of the threat uttered by Saudi Arabia that it would withdraw diplomatic and intelligence cooperation with the UK if the investigation continued, even though the threat was "ugly and obviously unwelcome".

JUSTICE

4 July 2008

This is a submission to the House of Lords in response to an appeal by the Director of the Serious Fraud Office from the independent human rights and law reform organisation, JUSTICE, which is the British section of the International Commission of Jurists. The submission addresses the domestic legal principles by which the legality of a prosecutor's decision to halt a criminal investigation in response to a threat should be assessed, and the relevant international obligations at issue, the OECD Anti-Bribery Convention.

in House of Lords
Serious Fraud Office

26 June 2008

This is the Printed Case appeal to the House of Lords by the Serious Fraud Office (SFO) against a High Court ruling on 10 April 2008 that the SFO acted unlawfully in December 2006 when it stopped its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

Ann Feltham

23 June 2008

This second witness statement from Campaign Against Arms Trade updates the House of Lords on official investigations by the US and Swiss authorities into alleged bribery and corruption by BAE Systems in relation to the Al-Yamamah military aircraft contracts.

on the 'constitutionality' of draft Constitutional Renewal Bill
Jeffrey Jowell QC

12 June 2008

This 'legal opinion' from a top UK constitutional lawyer concludes that a clause in the draft Constitutional Renewal Bill (published 25 March 2008) effectively preventing judicial review of a decision to halt a prosecution or fraud investigation on the grounds of national security violates a fundamental UK constitutional principle of the rule of law, and could be challenged under the Human Rights Act.

by Robert Wardle, former Director, Serious Fraud Office
Robert Wardle

9 June 2008

This third witness statement from Robert Wardle, the former Director of the Serious Fraud Office, was submitted by the Serious Fraud Office in its appeal in the House of Lords.

by Helen Garlick, Assistant Director, Serious Fraud Office
Helen Garlick

9 June 2008

This second witness statement from the the Serious Fraud Office's Assistant Director was submitted by the Serious Fraud Office for its House of Lords appeal.

by Dr John Jenkins, Foreign and Commonwealth Office
Dr John Jenkins, FCO

9 June 2008

A witness statement from Dr John Jenkins of the Foreign and Commonwealth Office, presented by the Serious Fraud Office during its appeal in the House of Lords. 

in House of Lords Appeal
The Corner House and Campaign Against Arms Trade

4 June 2008

This submission from The Corner House and CAAT lawyers to the House of Lords in response to an appeal by the Director of the Serious Fraud Office focuses on two principles of law: the Rule of Law; and compliance with the OECD Anti-Bribery Convention.

of judgment on Corner House and CAAT v. Director of the Serious Fraud Office and BAE Systems PLC
Lord Justice Moses and Mr Justice Sullivan

10 April 2008

On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled that the decision of the Director of the Serious Fraud Office to drop an investigation into alleged bribes by BAE Systems in Saudi Arabia was unlawful. As the judgment is long -- on the judges' own admission -- they prepared a summary of the first part of their ruling.

in response to CAAT/The Corner House request for judicial review
Lord Justice Moses and Mr Justice Sullivan

10 April 2008

On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled that the decision of the Director of the Serious Fraud Office to drop an investigation into alleged bribes by BAE Systems in Saudi Arabia was unlawful. This is their 42-page judgment.

Proceedings of second day of judicial review
court proceedings

15 February 2008

On 14-15th February 2008, the High Court heard a judicial review of the Serious Fraud Office's decision in December 2006 to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia. This document is a transcript of the court proceedings of the second day, 15 February 2008, on which lawyers for the Serious Fraud Office continued their defence.

Proceedings of first day of judicial review
court proceedings

14 February 2008

On 14-15th February 2008, the High Court heard a judicial review of the Serious Fraud Office's decision in December 2006 to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia. This document is a transcript of the court proceedings of the first day, 14 February 2008, on which lawyers representing The Corner House and Campaign Against Arms Trade presented their arguments, and lawyers for the Serious Fraud Office began their defence.

various

14 February 2008

Documents released in the High Court on 14 February 2008 reveal that BAE Systems wrote to the Attorney General on a "strictly private and confidential" basis urging him to halt the Serious Fraud Office investigation into allegations that BAE had bribed Saudi Arabian officials to secure the Al Yamamah arms deal. The company argued that the investigation should be dropped on commercial and diplomatic grounds.

For Judicial Review hearing 14-15 February 2008
lawyers on behalf of The Corner House and CAAT

4 February 2008

On 14 February 2008 in the High Court, lawyers for The Corner House and Campaign Against Arms Trade presented this outline (or 'skeleton') of their arguments as to why the decision in December 2006 by the Director of the Serious Fraud Office (SFO) to discontinue the SFO investigation into alleged corruption by BAE Systems in recent Al Yamamah arms deals with Saudi Arabia was unlawful. 

Robert Wardle, Director of Serious Fraud Office

31 January 2008

A second witness statement from the Director of the Serious Fraud (SFO), Robert Wardle, was released in the High Court on Thursday 14 February 2008 during the judicial review hearing brought by Campaign Against Arms Trade (CAAT) and The Corner House into his decision to terminate the SFO's BAE-Saudi investigation.

31 January 2008

A witness statement from the Assistant Director of the Serious Fraud (SFO), Helen Garlick, was released in the High Court on Thursday 14 February 2008 (although dated 31 January) during the judicial review hearing brought by Campaign Against Arms Trade (CAAT) and The Corner House into the SFO Director's decision to terminate the SFO's BAE-Saudi investigation.

Lord Justice Moses

17 January 2008

On 17 January 2008, Lord Justice Moses finalised the grounds on which The Corner House and Campaign Against Arms Trade could bring its judicial review, the disclosure of documents from the Director of the Serious Fraud Office, and the costs to be paid by both parties.

various

21 December 2007

Documents released in the High Court on Friday 21 December 2007 indicate that the Serious Fraud Office (SFO) investigation into BAE's Saudi arms deals was dropped only after the then Prime Minister Tony Blair sent a personal minute to the Attorney General Lord Goldsmith.

Robert Wardle, Director of Serious Fraud Office

17 December 2007

A witness statement from the Director of the Serious Fraud (SFO), Robert Wardle, indicates that he repeatedly rejected requests to terminate the Serious Fraud investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

Mr Justice Moses and Mr Justice Irwin

9 November 2007

On 9 November 2007, Lord Justice Moses sitting with Mr Justice Irwin granted The Corner House and Campaign Against Arms Trade permission to bring a full judicial review hearing against the decision by the Director of the Serious Fraud Office to terminate the SFO investigation into alleged bribery by BAE Systems in its Saudi Arabian arms deals. Their judgment outlines their reasons for giving permission, and summarises issues relating to the costs of the judicial review.

For Permission Hearing for Judicial Review
lawyers on behalf of The Corner House and CAAT

7 November 2007

On 9 November 2007 at a High Court hearing, lawyers for The Corner House and Campaign Against Arms Trade presented this outline (or 'skeleton') of their arguments as to why a judicial review should be held of the Serious Fraud Office's decision in December 2006 to cut short its investigation into alleged corruption by BAE Systems in recent Al Yamamah arms deals with Saudi Arabia. 

Against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
WWF-UK and The Corner House

15 August 2007

On 15 August 2007, The Corner House and conservation organisation WWF-UK filed papers at the High Court in a judicial review of the UK's Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia.

for the Judicial Review Application against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
James Leaton, WWF-UK

15 August 2007

WWF-UK's 'witness statement' (as part of its joint claim for a judicial review of the UK Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia) describes the project; outlines concerns about its impacts on the Western Gray Whale, fisheries, local communities, and climate change; summarises the flawed process of the Environmental Impact Assessment; and details how WWF-UK eventually learnt about the ECGD's decision to support Sakhalin II by means of a Freedom of Information request.

for the Judicial Review Application against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
Nicholas Hildyard, The Corner House

15 August 2007

The Corner House's 'witness statement' (as part of its joint claim with WWF-UK for a judicial review of the UK Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia) summarises The Corner House's monitoring over several years of the ECGD's environmental, human rights and development policies; its engagement with ECGD on the Sakhalin II project since November 2002; and its concerns about the March 2004 decision.

by Mr Justice Collins
Honorable Mr Justice Collins

29 May 2007

On 29 May 2007, a High Court judge refused to grant permission to The Corner House and CAAT for a full judicial review hearing of the December 2006 decision by the Director of the Serious Fraud Office to stop an investigation into alleged bribery and corruption in BAE's recent arms contracts with Saudi Arabia.

Serious Fraud Office Director

11 May 2007

The Serious Fraud Office Director argues that permission to bring a judicial review of his decision to stop the BAE-Saudi Arabia-corruption investigation should be refused.

against the Director of the Serious Fraud Office
The Corner House and Campaign Against Arms Trade

18 April 2007

On 18 April 2007, The Corner House and Campaign Against Arms Trade (CAAT) filed papers at the High Court in a judicial review of the UK's Serious Fraud Office's decision in December 2006 to end its investigation into alleged corruption by BAE Systems in Saudi Arabia.

Nicholas Hildyard

18 April 2007

This Corner House 'witness statement' outlines the nexus between corruption and bribery, and international trade, economic investment, terrorism and national security, and provides background on legislative and other steps to combat corruption. It forms part of the claim for a judicial review against the UK Government's decision in December 2006 to terminate an investigation by the Serious Fraud Office into alleged corruption by BAE Systems in recent Al Yamamah arms contracts with Saudi Arabia.

Treasury Solicitor reply, 5 January 2007
UK Government Treasury Solitictor

5 January 2007

The Treasury Solicitor confirmed that the Government intended to respond by 19 January 2007.

Corner House Research and Campaign Against Arms Trade response, 3 January 2007
The Corner House and CAAT

3 January 2007

Corner House Research and Campaign Against Arms Trade agreed to the Treasury Solicitor's request for an extension of time to respond to the 18 December 2006 letter sent on behalf of The Corner House and CAAT, provided that he confirmed that the groups would receive a response by 19 January 2007.

Treasury Solicitor reply, 28 December 2006
UK Government Treasury Solicitor

28 December 2006

The UK Government's Treasury Solicitor replied that the Government would endeavour to provide a substantive reponse by 19 January 2007 to the 18 December 2006 letter sent on behalf of The Corner House and CAAT.

CAAT and The Corner House

18 December 2006

On 18 December 2006, The Corner House and Campaign Against Arms Trade (CAAT) began a legal challenge to the decision by the UK's Serious Fraud Office to drop the investigation into bribery allegations involving BAE Systems Plc in Saudi Arabia.

30 March 2006

The legal agreement signed by Turkey with the company building the BTC pipeline breaches the country's legal obligations to the EU aimed at it becoming an EU member. The European Court ruled in March 2006, however, that EU's decisions (and lack of decisions) on accession issues are a matter of discretion and internal concern alone, and cannot therefore be challenged through the courts.

A Legal Opinion
Lord Lester and Ben Jaffey

16 May 2005

This Legal Opinion examines the legal powers of the UK's export credit agency, the Export Credits Guarantee Department (ECGD), to blacklist companies involved in bribery and corruption. It argues that ECGD would be perfectly entitled to have a firm policy of refusing to provide financial support to companies that have previously engaged in bribery or corruption, provided that it also considered the exceptional circumstances of any particular case on its merits.

IGA, HGAs, Joint Statement and Human Rights Undertaking

1 November 1999

The BTC Consortium negotiated several legal agreements with each of the three countries through which its Caspian oil pipeline crosses.