The Corner House is a

not for profit A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...

company limited by guarantee In British, Australian, Bermudian, Hong Kong and Irish company law (and previously New Zealand), a company limited by guarantee (CLG) is a type of corporation used primarily (but not exclusively) for non-profit organisations that require legal pe ...

founded in 1997 in the

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. According to its

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, it aims "to support democratic & community movements for environmental &

social justice Social justice is justice in terms of the distribution of wealth, opportunities, and privileges within a society. In Western and Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fu ...

". In 2007, The Corner House and the

Campaign Against Arms Trade Campaign Against Arms Trade (CAAT) is a UK-based campaigning organisation working towards the abolition of the international arms trade. It was founded in 1974 by a coalition of peace groups. It has been involved in several high-profile campaig ...

sought a

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...

of the

UK Government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_es ...

's discontinuation of an investigation by the Serious Fraud Office into the Al Yamamah arms deal. The High Court initially declared the Serious Fraud Office's discontinuation unlawful in April 2008, but this decision was unanimously reversed by the House of Lords in July of the same year.

Legal analysis

The principle had already been established in ''

Khalid Khalid (variants include Khaled and Kalid; Arabic: خالد) is a popular Arabic male given name meaning "eternal, everlasting, immortal", and it also appears as a surname.

'' that where the Crown had no choice, a prosecution could be dropped in the face of an extreme threat. The question was therefore simply whether the Director of the Serious Fraud Office had done 'all that could reasonably be done had been done to resist the threat'. In April 2008 the

High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...

ruled that the Serious Fraud Office had acted unlawfully in dropping the investigation for failing to do so. On 30 July of the same year, this decision was unanimously reversed by the House of Lords. They overruled both the factual and principled basis of the High Court's decision. As a matter of principle, they ruled the courts could only declare the decision unlawful if it was outside of the Director's power, not merely unreasonable. Factually, they held that his decision was in any case reasonable.Corner House (House of Lords) Lord Bingham at 40-1

References

Judgements: Corner House (High Court): ''R. (on the application of Corner House Research) v Director of the Serious Fraud Office''

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EWHC 714 (Admin) Corner House (House of Lords): ''R (On the Application of Corner House Research and Others) v Director of the Serious Fraud Office''

UKHL 60

External links

The Corner House
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