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14 August 2008 / Michael Zander KC
Issue: 7334 / Categories: Features
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When caving in is lawful

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 Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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