High Court set to make BAE ruling

12 April 2012

The High Court will decide on Monday whether to order BAE Systems to hand over documents which could help pinpoint who sent the global arms company an "extremely confidential" email belonging to the Campaign Against Arms Trade (CAAT).

The email contained legal advice received by CAAT as it prepared a forthcoming challenge to the Serious Fraud Office's high-profile decision to drop an investigation into alleged bribery by BAE in Saudi Arabia.

Dinah Rose QC, appearing for CAAT, said at a recent hearing the email leak had raised fears that "secret agents" might be infiltrating the anti arms trade group and supplying BAE with privileged information.

The QC told Mr Justice King, sitting at the High Court in London, that court orders were necessary because BAE and their solicitors, Allen & Overy, had refused to disclose information needed to help identify who had sent BAE the email.

There was a danger of further leaks from the same source interfering with CAAT's ability to seek justice.

The SFO announced last December that it was discontinuing the investigation into alleged bribery and corruption involving BAE, in so far as it related to the "Al Yamamah" arms deal contracts with Saudi Arabia.

Immediately after the decision, CAAT and Corner House Research, an anti-bribery watchdog, instructed solicitors Leigh Day & Co with a view to bringing a legal challenge. Leigh Day subsequently gave advice on costs and tactics in an email sent to Ann Feltham, parliamentary co-ordinator for CAAT.

On December 29, Ms Feltham sent her own email to the CAAT steering committee, repeating the legal advice verbatim and requesting the committee to authorise the proposed legal challenge.

Soon after, on January 10 this year, Leigh Day received a letter from Allen & Overy revealing that BAE had recently received the email. Allen & Overy enclosed a copy, stressed that the email had been "unsolicited" and been destroyed.

But information which could have revealed the "electronic trail" leading back to the sender had been removed, said Ms Rose.

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