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When caving in is lawful

14 August 2008 / Michael Zander KC
Issue: 7334 / Categories: Features
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Legal World Comment

Occasionally the courts give a decision that gladdens the heart. The Divisional Court's ruling in April holding that the Serious Fraud Office (SFO) acted unlawfully in stopping its bribery investigation into BAE Systems' arms deal with Saudi Arabia was such a case. In ringing tones, Lord Justice Moses and Mr Justice Sullivan declared that the SFO should not have caved in to Saudi threats: “We fear for the reputation of the administration of justice if it can be prevented by a threat…No one, whether within this country or outside, is entitled to interfere with the course of our justice. The rule of law is nothing if it fails to constrain overweening power.”

This was rousing stuff, eloquently expressed and reported widely with approval. The SFO announced that it would delay a decision as to whether it would be re-opening its bribery investigation in defiance of the Saudis until after the House of Lords had heard the appeal. The House of Lords spoke on 31 July, the last day of the

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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