''R (Corner House Research) v Director of the Serious Fraud Office''
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UKHL 60is a UK constitutional law case, concerning the rule of law.
Facts
The Corner House (organisation), Corner House Research is a non-governmental organization involved in the Campaign Against Arms Trade coalition. The Corner House applied for judicial review of the
Serious Fraud Office (SFO) decision to stop investigating
BAE Systems
BAE Systems plc (BAE) is a British multinational arms, security, and aerospace company based in London, England. It is the largest defence contractor in Europe, and ranked the seventh-largest in the world based on applicable 2021 revenues ...
. The SFO director decided to halt a criminal investigation into alleged bribery in relation to an arms supply contract between BAE Systems and the
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the List of Asian countries by area, fifth-largest country in Asia ...
n authorities, known as the
Al-Yamamah arms deal. The UK government gave arms in return for 600,000 barrels (95,000 cubic metres) of crude oil per day. The first sales were in September 1985, and more recently 72
Eurofighter
The Eurofighter Typhoon is a European multinational twin-engine, canard delta wing, multirole fighter. The Typhoon was designed originally as an air-superiority fighter and is manufactured by a consortium of Airbus, BAE Systems and Leonardo ...
Typhoons in August 2006. In August 2005 CEO
Mike Turner said BAE earned £43bn and could earn £40bn more. In 2010, BAE pleaded guilty to charges in the US of false accounting and making misleading statements. The Serious Fraud Office began to investigate.
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the List of Asian countries by area, fifth-largest country in Asia ...
had threatened to take action that would damage UK security if the investigation continued. The SFO dropped the investigation.
Judgment
Divisional Court
Moses LJ
Sir Alan George Moses (born 29 November 1945) is a former Lord Justice of Appeal, a Court of Appeal Judge and the former chairman of Independent Press Standards Organisation (IPSO). He is joint Chair of the United Kingdom's Spoliation Advisory Pa ...
and Sullivan J held the Director of the
Serious Fraud Office violated the rule of law by dropping investigation into bribery charges against BAE Systems. In his judgment he said the following.
[[2008]
EWHC 714
/ref>
House of Lords
The House of Lords held the possible consequences that might flow from pursuing the investigation were considered to be sufficiently serious to persuade the House that the Director’s decision was lawful. Lord Bingham said the following.
Lord Hoffmann and Lord Rodger agreed.
Baroness Hale said the following.
Lord Brown gave a concurring opinion.
See also
*United Kingdom constitutional law
Notes
{{reflist, 2
References
*J Jowell 008JR 273
*Lord Steyn 009 009 may refer to:
* OO9, gauge model railways
* O09, FAA identifier for Round Valley Airport
* 0O9, FAA identifier for Ward Field, see List of airports in California
* British secret agent 009, see 00 Agent
* BA 009, see British Airways Flight ...
PL 338
United Kingdom constitutional case law