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Campaigners seek court injunction against UK Serious Fraud Offices's BAE settlement Judicial review papers lodged

by The Corner House and CAAT

news | published February 2010 | summary | full document

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.

Legal challenge launched against UK Serious Fraud Office's BAE settlement

by CAAT and The Corner House

news | published February 2010 | summary | full document | PDF

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.

BAE guilty but escapes court Denial of justice say NGOs

by CAAT and The Corner House

news | published February 2010 | summary | full document

5 February 2010: Campaign Against Arms Trade (CAAT) and The Corner House expressed disappointment, anger and outrage at the announcement of a settlement between the UK's Serious Fraud Office (SFO) and BAE Systems of the long-running investigations into alleged bribery and corruption in BAE's arms deals in several African and European countries.

Campaigners welcome Serious Fraud Office action on BAE prosecution

by CAAT and The Corner House

news | published October 2009 | summary | full document

1 October 2009: Campaign Against Arms Trade (CAAT) and The Corner House welcomed the decision of the Director of the UK's Serious Fraud Office (SFO) to begin prosecution proceedings against BAE Systems for "offences relating to overseas corruption". The SFO has been investigating the business activities of BAE Systems in African and Eastern European countries.

UK Parliamentary Committee supports Bribery Bill

by Joint Committee

news | published July 2009 | summary

In March 2009, the UK government published a draft Bribery Bill, which a Joint Committee comprising members of both Houses of Parliament scrutinised in May and June, taking oral and written evidence from a wide range of individuals and organisations, including The Corner House. The Committee's final report, published on 28 July 2009, "strongly support[s]" the draft Bribery Bill. "It represents an important, indeed overdue, step in reforming the United Kingdom's bribery laws, which have been a source of criticism at home and abroad for more than thirty years."

Business and Human Rights Inquiry Memoranda to the Joint Committee on Human Rights

by The Corner House

submission | published May-June 2009 | summary

The Joint Committee on Human Rights of the UK Parliament requested evidence for its inquiry into business and human rights on the State's duty to protect against human rights abuses by businesses; corporate responsibility to respect human rights; and the need for individuals to have effective access to remedies when their human rights are breached. The Corner House submission to the Committee focused on the policies and practices of the UK Export Credits Guarantee Department (ECGD) in the context of the state's duty to protect human rights. The Committee subsequently called for supplementary evidence on the government's Draft Bribery Bill and the Industry and Exports (Financial Support) Bill, which The Corner House provided.

Draft Bribery Bill 2009 Memoranda to Joint Committee scrutinising the Bill

by The Corner House

submission | published June 2009 | summary

On 25 March 2009, the UK Ministry of Justice published its long-awaited Draft Bribery Bill, the stated aim of which is "to reform the criminal law to provide a new, modern and comprehensive scheme of bribery offences that will enable courts and prosecutors to respond more effectively to bribery at home or abroad". The Corner House was requested by the Joint Parliamentary Committee scrutinising the Bill to submit evidence on the proposed new offence of bribing foreign public officials.

Legal correspondence with Export Credits Guarantee Department following up OECD Phase2bis report

by solicitors Leigh Day & Co, and Export Credits Guarantee Department

- | published November 2008-January 2009 | summary | PDF

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.

Regulation as Corruption in the Carbon Offset Markets Cowboys and Choirboys United

by Larry Lohmann

presentation | published June 2009 | summary | PDF

Not all markets can be regulated effectively. Two examples are the markets for advanced credit derivatives -- largely responsible for the current economic crisis -- and the growing carbon markets that are claimed to be capable of addressing global warming and that are the particular subject of this draft chapter. The attempt to regulate such markets does little more than create an illusion of governance where none actually exists. That only allows the dangers to grow larger.

"Suspicions over BAE termination of government contract"

by Peter Marshall, Newsnight

- | published May 2009 | summary | PDF

BBC2 Television's Newsnight current affairs programme summarised its 8 minute broadcast: "In 2006, the British government scotched a serious fraud investigation into BAE's biggest deal, with Saudi Arabia. Now, Peter Marshall [Newsnight presenter] reveals that the company may have returned the favour. It has stopped a billion pound insurance contract which tied the government to the Saudi business." Information about stopping the insurance contract came to light as a result of legal correspondence between The Corner House and Campaign Against Arms Trade with the UK Export Credits Guarantee Department.

BAE terminates Government insurance for controversial Saudi arms deals

by The Corner House and Campaign Against Arms Trade

news | published May 2009 | summary | full document | PDF

BAE Systems, the UK's largest arms company, has cancelled all its public insurance for its controversial arms sales to Saudi Arabia. The company's decision came to light as a result of legal correspondence between The Corner House/Campaign Against Arms Trade with the UK Export Credits Guarantee Department (ECGD) and subsequent parliamentary questions tabled by Vince Cable MP. By cancelling its insurance, BAE has let the ECGD off the hook from possible legal action over its support for the Saudi deals.

Opinions of the Lords of Appeal In BAE-SFO-Saudi judicial review

by Lord Bingham, Lord Hoffmann, Lord Rodger, Baroness Hale and Lord Brown

article | published 30 July 2008 | summary | PDF

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".

Serious Fraud Office win appeal in the House of Lords as public outrage continues

by The Corner House and CAAT

news | published 30 July 2008 | summary | full document | PDF

The Corner House and CAAT issued this press release after the House of Lords (the UK's highest court) overturned the High Court's ruling of April 2008 that the Director of the Serious Fraud Office (SFO) had acted unlawfully when he terminated a corruption investigation into BAE Systems' arms deals with Saudi Arabia. The law lords judgment confirms that the UK is in flagrant breach of its duty to implement and give force to the OECD Anti-Bribery Convention.

Black Money

by Frontline

- | published April 2009 | summary

The US public television's flagship public affairs programme, Frontline, produced a 60-minute documentary on "black money" -- the secret payments that make up the shadowy world of international bribery. It reveals how multinational companies create slush funds and set up front companies to obtain business and contracts. In describing the crackdown on these practices, the documentary focuses on BAE Systems and allegations about its billion dollar bribes. It includes an interview with former Serious Fraud Office (SFO) Director Robert Wardle, who describes as "blackmail" the Saudi threat to withdraw intelligence cooperation with the UK if the SFO's BAE-Saudi investigation continued.

Offshore financial centres: past, present, future Why major reform is vital

by The Corner House

news | published March 2009 | summary

On 12-13 March 2009, development, environment and human rights groups from Belgium, France, Italy, Ireland, Switzerland and the UK, and local residents of the island of Jersey organised a seminar to discuss the necessity for tax haven reform and to exchange views on how governments and civil society can work towards achieving a "just transition" for tax havens that would not impact on poorer residents.

The Corner House awarded 2008 Human Rights Award

by The Corner House

news | published December 2008 | summary | full document

In December 2008, The Corner House was given one of the annual Human Rights Awards organised by Liberty, JUSTICE and the Law Society to commemorate International Human Rights Day.

Sustaining corruption legal challenges in a hostile political environment when corruption investigations have not been sustained Insights from 'the BAE case'

by Sarah Sexton and Nicholas Hildyard

presentation | published November 2008 | summary | PDF

This presentation at the 13th International Anti-Corruption Conference highlights the contrast between the UK government's stated commitments to tackling bribery and corruption and its actions in practice. Far from having a "lack of political will", it is argued that the government has immense political will to protect powerful companies from prosecution for bribery, and has thereby created a hostile political environment for fraud investigators and prosecutors.

Submission to the Woolf Committee from The Corner House

by Dr Susan Hawley

submission | published 31 October 2007 | summary | PDF

This Corner House submission urges the Woolf Committee, set up by BAE, to look in detail at BAE's use of agents and consultants to obtain contracts, lobbying policies, covert monitoring of NGOs, failure to cooperate with law enforcement authorities, and at how BAE should deal with allegations of its past malpractice.

International Watchdog Criticises Cancellation of BAE Investigation

by Campaign Against Arms Trade and The Corner House

news | published October 2008 | summary | PDF

On 17 October 2008, the OECD's Working Group on Bribery issued a report, which holds that the UK authorities did breach their obligations under the OECD Anti Bribery Convention when the Serious Fraud Office cancelled its investigation into arms deals between BAE Systems and Saudi Arabia in December 2006. The Corner House and the Campaign Against Arms Trade (CAAT) issued this press release of the report, which vindicates their judicial review of the decision.

Encounters with Energy Security Connections with Financial and Foreign Policy

by Sarah Sexton

talk | published September 2008 | summary | PDF

This presentation raises some concerns about the term "energy security".

The Corner House response to Joint Committee report on the Draft Constitutional Renewal Bill Lack of checks and balances when criminal prosecutions halted on national security grounds

by The Corner House

news | published 31 July 2008 | summary | full document

The Corner House issued this response to the report by the Joint Committee of the UK Parliament scrutinising the draft Constitutional Renewal Bill.

Statement from The Corner House and Campaign Against Arms Trade in response to Law Lords' judgments in BAE-Saudi appeal

by The Corner House and Campaign Against Arms Trade

- | published July 2008 | summary | full document

This statement was issued in response to the House of Lords overturning the judgment of the High Court that the Director of the Serious Fraud Office acted legally in terminating the SFO's investigation into alleged corruption by BAE Systems in its dealings in Saudi Arabia.

JUSTICE submission to House of Lords

by JUSTICE

submission | published June 2008 | summary | PDF

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.

Submission to the Joint Committee on the Draft Constitutional Renewal Bill

by The Corner House

submission | published May-June 2008 | summary | PDF

This Corner House submission to a parliamentary committee scrutinising the draft Constitutional Renewal Bill argues that the proposed legislation does not sufficiently protect the independence of prosecutors and creates a grave risk of abuse by the Government of national security arguments.

Serious Fraud Office Appeal in House of Lords

by Serious Fraud Office

- | published June 2008 | summary | PDF

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.

Second Witness Statement of Ann Feltham, Campaign Against Arms Trade

by Ann Feltham

- | published June 2008 | summary | PDF

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.

Business Ethics or WoolfWash?

by Sarah Sexton

talk | published June 2008 | summary | PDF

The Woolf Report entitled "Ethical business conduct in BAE Systems plc -- the way forward" was published on 6 May 2008. This presentation explores how BAE has used the report from a critical public relations perspective.

Legal Opinion on the 'constitutionality' of draft Constitutional Renewal Bill

by Jeffrey Jowell QC

- | published June 2008 | summary | PDF

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.

Second witness statement in House of Lords appeal by Helen Garlick, Assistant Director, Serious Fraud Office

by Helen Garlick

- | published June 2008 | summary | PDF

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.

Third witness statement in House of Lords appeal by Robert Wardle, former Director, Serious Fraud Office

by Robert Wardle

- | published June 2008 | summary | PDF

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.

Witness statement in House of Lords appeal by Dr John Jenkins, Foreign and Commonwealth Office

by Dr John Jenkins, FCO

- | published June 2008 | summary | PDF

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.

Corner House-CAAT Response in House of Lords Appeal

by The Corner House and Campaign Against Arms Trade

submission | published July 2008 | summary | PDF

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.

Refusal for judicial review application by Mr Justice Collins

by Honorable Mr Justice Collins

- | published 29 May 2007 | summary | PDF

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.

High Court reopens BAE-Saudi corruption investigation

by The Corner House and CAAT

news | published April 2008 | summary | PDF

On 24 April 2008, the UK High Court formally quashed the Serious Fraud Office's (SFO) decision to drop its corruption investigation into arms deals between BAE Systems and Saudi Arabia. It also gave the SFO permission to appeal to the House of Lords against its 10th April 2008 ruling that the SFO's termination of the investigation was unlawful.

UK media coverage of Serious Fraud Office judicial review ruling

by Financial Times, The Guardian, The Independent, The Times, The Observer, Daily Telegraph

compilation | published April 2008 | PDF

Media coverage was extensive following the ruling by Lord Justice Moses and Mr Justice Sullivan on 10 April 2008 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 a selection of some leading articles from UK newspapers.

Statement from CAAT and The Corner House

by Campaign Against Arms Trade and The Corner House

- | published April 2008 | PDF

The Corner House and Campaign Against Arms Trade held a press conference at the offices of the groups' solicitors, Leigh Day & Co, following the High Court ruling in response to the judicial review brought by both groups. This statement was read out at the press conference.

Final judgment in response to CAAT/The Corner House request for judicial review

by Lord Justice Moses and Mr Justice Sullivan

- | published April 2008 | PDF

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.

Judges' own summary of judgment on Corner House and CAAT v. Director of the Serious Fraud Office and BAE Systems PLC

by Lord Justice Moses and Mr Justice Sullivan

article | published April 2008 | PDF

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.

Court rules Government's termination of BAE-Saudi investigation unlawful

by The Corner House and Campaign Against Arms Trade

news | published April 2008 | PDF

The Corner House and Campaign Against Arms Trade issued this press release after the High Court ruled, in response to a judicial review brought by both groups, that the Director of the Serious Fraud Office (SFO) had acted unlawfully when he stopped a corruption investigation into BAE Systems' arms deals with Saudi Arabia.

Summary of and guide to the judgement on Corner House and CAAT v. Director of the Serious Fraud Office and BAE Systems PLC

by Dr Susan Hawley

- | published April 2008 | PDF

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 a summary and analysis of that judgment prepared by The Corner House.

Government proposes legislation to make BAE-Saudi corruption judicial review impossible in future

by The Corner House and Campaign Against Arms Trade

news | published April 2008 | summary | PDF

Even before the judgement has been given on the landmark judicial review of the decision by the UK's Serious Fraud Office to halt its BAE-Saudi Arabia corruption investigation, the UK Government has introduced draft legislation whose effect would be to prevent in future such a judicial review -- and even such an investigation. The Corner House and CAAT are calling upon the public and parliamentarians to voice their concerns about the draft Constitutional Renewal Bill.

The Corner House submission to the Law Commission's consultation on Reform of Bribery Laws

by The Corner House

submission | published March 2008 | summary | PDF

This Corner House submission to the Law Commission's public consultation on reforming the UK's antiquated corruption laws looks at corporate liability and at the role of the Attorney General in halting prosecutions of corruption offences where national security concerns have been raised.

Note on draft Constitutional Renewal Bill for OECD

by Dinah Rose QC, Ben Jaffey, Richard Stein and Jamie Beagent

submission | published March 2008 | summary | PDF

The UK Government's draft Constitutional Renewal Bill proposes to create a new power for a political appointee and member of the Government, the Attorney General, to stop a criminal investigation or prosecution on the grounds of 'national security' without explanation or accountability to Parliament, the Courts or international bodies.

Corner House Research and CAAT vs Director of the Serious Fraud Office (Day Two) Proceedings of second day of judicial review

by court proceedings

- | published February 2008 | PDF

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.

Corner House Research and CAAT vs Director of the Serious Fraud Office (Day One) Proceedings of first day of judicial review

by court proceedings

- | published February 2008 | PDF

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.

Documents reveal BAE pressured government to halt corruption investigation

by various

| published February 2008 | summary | PDF

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.

New documents reveal BAE pressured government to halt corruption investigation

by CAAT and The Corner House

news | published February 2008 | summary | PDF

This press release highlights the documents released in the High Court on 14 February 2008 revealing that Britain's biggest arms company, 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 officials to secure the Al Yamamah arms deal.

Press Diary Note Judicial Review Hearing Of Serious Fraud Office decision to stop BAE-Saudi corruption inquiry

by The Corner House and CAAT

note | published February 2008 | full document | PDF

On 14th February 2008, the High Court will hear the judicial review of the Serious Fraud Office's decision to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

Corner House Research and Campaign Against Arms Trade Skeleton Argument For Judicial Review hearing 14-15 February 2008

by lawyers on behalf of The Corner House and CAAT

submission | published February 2008 | summary | PDF

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. (239KB pdf)

Second witness statement of Robert Wardle, Director of Serious Fraud Office

by Robert Wardle, Director of Serious Fraud Office

| published January 2008 | summary | PDF

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.

Directions Hearing judgment

by Lord Justice Moses

- | published January 2008 | PDF

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.

Documents reveal that Blair urged end to BAE-Saudi corruption investigation

by The Corner House and CAAT

news | published December 2007 | summary | full document

Documents released in the UK High Court indicate that the Serious Fraud Office 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. They show that Goldsmith did not believe that the case should be dropped in response to alleged Saudi threats to withdraw intelligence and security co-operation.

Witness statement of Robert Wardle, Director of Serious Fraud Office

by Robert Wardle, Director of Serious Fraud Office

- | published December 2007 | summary | PDF

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.

Secret documents reveal that Blair urged end to BAE investigation

by various

- | published December 2007 | summary | PDF

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.

Corner House Research and Campaign Against Arms Trade Skeleton Argument For Permission Hearing for Judicial Review

by lawyers on behalf of The Corner House and CAAT

submission | published November 2007 | summary | PDF

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. (132KB pdf)

CAAT and The Corner House win landmark ruling on BAE-Saudi corruption case

by Campaign Against Arms Trade and The Corner House

news | published November 2007 | summary | full document

On Friday 9 November 2007, two High Court judges granted permission to Campaign Against Arms Trade (CAAT) and The Corner House to bring a full judicial review hearing against the UK Government's decision in December 2006 to cut short a Serious Fraud Office (SFO) investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

Oral hearing BAE-Saudi arms deals investigation legal challenge

by The Corner House and CAAT

news | published November 2007 | summary | full document

At an oral hearing in the UK High Court on Friday 9 November 2007, lawyers for Campaign Against Arms Trade (CAAT) and The Corner House will argue that permission should be granted for a full judicial review hearing against the UK Government's decision to cut short an investigation by the Serious Fraud Office (SFO) into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

A Seriously Funny Attempt to Get The UK's Serious Fraud Office In The Dock!

by CAAT and The Corner House with Mark Thomas

compilation | published September 2007 | summary | PDF

On 23 September 2007, activist comedian Mark Thomas organised a comedy benefit night of Britain's top comedians to raise public awareness of the UK's Serious Fraud Office decision to drop its investigation into bribery allegations involving BAE Systems in Saudi Arabia and to support the legal challenge to this decision. This "secret file" programme was given to all those who attended. (971KB)

Judicial Review Application against the Director of the Serious Fraud Office

by The Corner House and Campaign Against Arms Trade

- | published April 2007 | summary | PDF

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.

Witness Statement

by Nicholas Hildyard

- | published April 2007 | summary | PDF

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.

(6) Legal challenge to decision to drop BAE corruption inquiry Update on proposed judicial review, 25 January 2007

by CAAT and The Corner House

news | published January 2007 | full document

(5) Legal challenge to decision to drop BAE corruption inquiry NGO letter to Prime Minister Tony Blair, 15 January 2007

by National and international NGOs

news | published January 2007 | summary | full document | PDF

140 NGOs from 37 countries called upon Prime Minister Tony Blair to re-open the investigation of the Al Yamamah defence contract between BAE and Saudi Arabia government because of the impacts of corruption on democracy, sustainable development, human rights and poverty.

(4) Legal challenge to decision to drop BAE corruption inquiry Treasury Solicitor reply, 5 January 2007

by UK Government Treasury Solitictor

news | published January 2007 | summary | PDF

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

(3) Legal challenge to decision to drop BAE corruption inquiry Corner House Research and Campaign Against Arms Trade response, 3 January 2007

by The Corner House and CAAT

news | published January 2007 | summary | PDF

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.

(2) Legal challenge to decision to drop BAE corruption inquiry Treasury Solicitor reply, 28 December 2006

by UK Government Treasury Solicitor

news | published December 2006 | summary | PDF

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.

(1) Legal challenge to decision to drop BAE corruption inquiry

by CAAT and The Corner House

news | published December 2006 | full document | PDF

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

Exporting Corruption: How Rich Country Export Credit Agencies Facilitate Corruption in the Global South

by The Corner House

paper | published May/June 2006 | summary | PDF

The Corner House interviewed by the US magazine, Multinational Monitor, on export credit agencies and corruption.

Permission Hearing judgment

by Mr Justice Moses and Mr Justice Irwin

- | published 9 November 2007 | PDF

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.

OECD Working Group on Bribery Its comments and recommendations on public procurement and bribery of foreign officials

by Susan Hawley

paper | published February 2006 | summary | full document | PDF

The OECD Working Group on Bribery's reviews of how countries are implementing the OECD Anti-Bribery Convention are an invaluable source of information about practice in different countries in combating bribery. This paper pulls together all the Group's comments and recommendations about public procurement, and summarises the procedures countries have developed to exclude companies convicted of bribery from public procurement.

Experience and Practice of Combating Bribery in Officially Supported Export Credits The evidence so far from the OECD Working Group on Bribery Phase 2 reviews

by Susan Hawley for ECA-Watch

submission | published March 2006 | summary | full document | PDF

The OECD's Working Group on Bribery regard ECAs as essential to combating bribery and believe that ECA procedures to do so could be significantly improved. The Group's reviews of various OECD countries emphasise the importance of ECAs having proper procedures in place to detect and report bribery suspicions to law enforcement agencies, and to exclude companies convicted of corruption from further export credit support.

Corner House submission to the All Party Parliamentary Group on Africa Enquiry on Corruption and Money Laundering

by Susan Hawley

submission | published December 2005 | summary | full document | PDF

There need to be considerable improvements to the UK's enforcement regime to combat corruption and money laundering. Laws on non tax-deductibility of bribes are not being adequately enforced. The UK government should take further measures to raise awareness of bribery; introduce preventative measures and new corruption legislation; and establish a fair and workable debarment system.

Redesigning the Northern state to combat global corruption

by Susan Hawley

presentation | published November 2005 | summary | full document | PDF

Northern institutions have a significant impact on corruption in developing countries, particularly in the form of bribery by Northern companies and money laundering by Northern banks of the proceeds of corruption. Northern states have been directly and indirectly complicit in these activities, primarily by turning a blind eye and failing to take action. If corruption is be tackled internationally, the Northern state itself needs to be redesigned.

Submission to the ECGD Interim Response to the Public Consultation on the ECGD's anti-bribery and corruption procedures introduced in December 2004

by Dr Susan Hawley

submission | published November 2005 | summary | full document | PDF

On 21 October 2005, the ECGD announced several proposed changes to its anti-corruption procedures. This document outlines The Corner House's concerns about these proposals, particularly the weak audit clause and the non-requirement to supply the identity of agents.

"Still serious loopholes in ECGD's anti-corruption procedures"

by The Corner House

news | published October 2005 | full document

On 21st October 2005, the ECGD announced its provisional response to the public consultation on its anti-corruption procedures. The ECGD proposes to take some steps towards re-strengthening its procedures, but has still stopped short in some key areas.

Call for UK Government Action on Bribery

by The Corner House and others

submission | published June 2005 | summary | full document | PDF

In June 2005, several trade unions and NGOs signed a joint statement calling on the UK government to take immediate steps to meet its international obligations on corruption by taking 12 detailed actions.

Strengthening the OECD Action Statement on Combating Bribery in Officially Supported Export Credits A historic opportunity

by ECA-Watch

submission | published September 2005 | summary | full document | PDF

This submission to the OECD Working Group on Export Credits and Credit Guarantees argues that a strong new OECD Action Statement on Combating Bribery in Officially Supported Export Credits should be agreed in October 2005 and recomends key anti-bribery measures to be incorporated into it.

Submission from the Corner House to OGC consultation on Draft Regulations for EU Procurement Directive 2004/18/EC and proposed guidance

by Dr Susan Hawley

submission | published September 2005 | summary | full document | PDF

This document outlines ways in which the UK Government can implement a new EU Procurement Directive requiring Member States to exclude companies and individuals convicted of corruption from being awarded public procurement contracts.

Combating Bribery in Export Credits The Agenda for 2005

by Dr Susan Hawley

paper | published June 2005 | summary | full document | PDF

This submission to the EU Council Working Group on Trade details how the OECD Action Statement on Combating Bribery in Officially Supported Export Credits should be strengthened and how European Export Credit Agencies should improve their anti-bribery procedures.

Submission by The Corner House to the ECGD Consultation on Changes to ECGD's Anti-Bribery and Corruption Procedures Introduced in December 2004

by Dr Susan Hawley

submission | published June 2005 | summary | full document | PDF

In January 2005, the UK's export credit agency, ECGD, announced a public consultation into its weakened anti-corruption procedures, introduced following industry lobbying. This submission to that consultation argues that the ECGD should revert to its revised procedures if it is to prevent bribery in the projects that it supports.

The UK Parliament's Trade and Industry Committee Inquiry into the Export Credits Guarantee Department Memorandum from The Corner House

by Dr Susan Hawley

submission | published February 2005 | summary | full document

At the beginning of 2005, the UK Parliament's Trade and Industry Select Committee conducted an inquiry into the UK's Export Credits Guarantee Department (ECGD). As part of this, in February 2005 it interviewed the government Minister responsible for the ECGD about the Department's watering down of its anti-bribery procedures following industry lobbying. In March 2005, the Committee published a report that was highly critical of the changes the Department had made to its procedures. This document is The Corner House's submission to the Committee's inquiry.

Backgrounder to OECD evaluation of UK's record on combating bribery

by Dr Susan Hawley

review | published March 2005 | summary | full document

In March 2005, the Organisation for Economic Cooperation and Development (OECD) published an extensive review of how the UK is implementing the OECD's Anti-Bribery Convention. This document analyses the review's main findings.

Corner House Double Victory on UK Government Department's Anti-Bribery Rules and Public Interest Litigation

by The Corner House

news | published January 2005 | summary | full document

In December 2004, The Corner House began legal proceedings against the Export Credits Guarantee Department, claiming it had weakened its anti-corruption rules after consulting corporations only. It was awarded the first-ever full "protective costs order" to challenge the changed rules: The Corner House would not have to pay the Department's legal costs, even if it lost, because the challenge was in the public interest.

33. How Northern Donors Promote Corruption Tales From the New Mozambique

by Joseph Hanlon

briefing | published October 2004 | summary | full document | PDF

Northern aid donors demand that Southern countries tackle corruption, but continue to require them to implement economic liberalisation policies that increase corruption. In Mozambique, corruption has grown to high levels because of increasing intervention by international financial institutions, such as the World Bank, and bilateral aid donors in support of liberalisation, facilitated by tacit alliances between donors and a section of the Mozambican elite.

Enforcing the law on overseas corruption offences Towards a model for excellence: A discussion paper

by Dr Susan Hawley

paper | published July 2004 | summary | full document | PDF

Enforcement of overseas corruption offences involving British companies and individuals under the UK's anti-corruption legislation is crucial to tackling corruption internationally. The current arrangements in the UK between various law enforcement agencies are not the most effective means of ensuring that these offences are investigated and prosecuted. A more pro-active enforcement regime could detect overseas corruption offences as and when they occur and could act on credible suspicions of bribery.

30. Underwriting Bribery Export Credit Agencies and Corruption

by Dr Susan Hawley

briefing | published December 2003 | summary | full document | PDF

The taxpayer-backed export credit agencies of industrialised countries are underwriting the bribery and corruption of large, mainly Western, companies operating abroad.

29. Corruption, Governance and Globalisation Lessons from the New Thailand

by Dr Pasuk Phongpaichit

briefing | published December 2003 | summary | full document | PDF

Corruption in Thailand has been neither pervasive nor incompatible with economic growth. It is centred on a big business-politics complex whose rise has gone hand-in-hand with globalisation.

Turning a Blind Eye Corruption and the UK Export Credits Guarantee Department

by Dr Susan Hawley

article | published June 2003 | summary | full document | PDF

Institutional practices within the taxpayer-funded UK Export Credits Guarantee Department have exacerbated bribery and corruption by Western companies.

The Lesotho Highland Water Development Project - What Went Wrong? (Or, rather: What went Right? For Whom?)

by Nicholas Hildyard

article | published July 2002 | summary | full document

Beyond Business Principles Recommendations to the UK Export Credits Guarantee Agency

by Kirstine Drew, UNICORN, Public Services International Research Unit

seminar | published May 2002 | summary | full document

The UK Export Credits Guarantee Department (ECGD) has a legal obligation to combat corruption. But its failure to adopt non-discretionary, transparent procedures is fundamentally flawed.

Still underwriting corruption? The ECGD’s recent record

by Dr Susan Hawley, The Corner House

seminar | published May 2002 | summary | full document

The UK Export Credits Guarantee Department (ECGD) has a long record of backing corrupt projects. New vetting procedures have loopholes, leaving the ECGD open to charges of complicity in corruption.

Underwriting Corruption Britain’s Role in Promoting Corruption, Cronyism and Graft

by The Corner House

submission | published December 2000 | summary | full document

19. Exporting Corruption Privatisation, Multinationals and Bribery

by Dr Susan Hawley

briefing | published June 2000 | summary | full document | PDF


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