Legal Case Summary
R (Corner House Research and another) v Director of the Serious Fraud Office [2008] UKHL 60
Investigation; corruption allegations; national security
Facts
The Director of the Serious Fraud Office started investigating certain allegations of corruption against a UK company. Among other things, the investigation included a high-value arms contract between Saudi Arabia (the company was their main contractor) and the Government. The company refused the disclosure of information requested by a statutory notice, claiming that such disclosure would put UK-Saudi relations into jeopardy. The Director continued the investigation and intended to look at certain Swiss bank accounts to find out whether there were any payments made to Saudi public officials. As a response, Saudi Arabia threatened to withdraw from its bilateral counter-terrorism co-operation agreement, among others, with the UK. The Director decided to give up the investigation.
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Issues
The claimants argued that the Director should not have been influenced by a threat. The Divisional Court agreed and found that the Director failed to act and exercise his powers independently when he yielded to the Saudi threat and that he had thus damaged the rule of law. The Court held that surrender to a threat could only be allowed when no alternative course of action was possible. The Director appealed.
Decision/Outcome
The House of Lords allowed the Director’s appeal. He was entitled to weigh the public interest in pursuing the investigation against the risk to national security and British lives. He had considered advice about the threat and reached his own decision. The Divisional Court was wrong to require him to show that there was no alternative course. The House set aside its order except as to costs.
Reported citations [2009] 1 AC 756, [2009] AC 756, [2008] 3 WLR 568, [2008] 4 All ER 927, [2009] Crim LR 46, [2008] Lloyd’s Rep FC 537
