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Resources: Export Credit Agencies, Legal Intervention

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Court action to stop UK government department lifting ban on child and forced labour
The Corner House and Samata

30 April 2010

Lawyers acting for The Corner House and Indian group Samata requested a Judicial Review of the decision by the UK's Export Credits Guarantee Department (ECGD) effectively scrapping its absolute ban on providing financial support to projects overseas involving "harmful" child labour and forced labour. ECGD stated in response that it does not have to consider whether its support contributes to human rights abuse, because it "does not owe obligations to persons outside the jurisdiction of the UK".

file iconGrounds for Judicial Review
file iconECGD response to Grounds
file iconFirst reply to ECGD's response
file iconAdditional reply to ECGD's response
file iconCorner House witness statement
file iconAnnex 1: comparisons with other ECAs

UK government department reverses its ban on child and forced labour
The Corner House announces proposed court action
The Corner House

12 April 2010

On 1 April 2010, a UK government department, the Export Credits Guarantee Department (ECGD), scrapped its absolute ban on supporting projects overseas that involve child labour and forced labour. Lawyers acting for The Corner House have written to ECGD's Chief Executive stating their intention to challenge the new policy in the courts. They argue that for ECGD to provide UK, taxpayer-backed, support for forced labour would breach of the European Convention on Human Rights.

file iconPre-action Letter

Legal correspondence with Export Credits Guarantee Department

following up OECD Phase2bis report
solicitors Leigh Day & Co, and Export Credits Guarantee Department

30 March 2009

This exchange of letters between the UK's export credit agency and lawyers acting for The Corner House and Campaign Against Arms Trade revealed that BAE Systems had cancelled all its public insurance for its arms sales to Saudi Arabia with effect from 1 September 2008. These sales have been underwritten by the agency for more than two decades and accounted for half its portfolio.

file iconECGD follow-up OECD2bis

Judicial Review Application
Against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
WWF-UK and The Corner House

15 August 2007

On 15 August 2007, The Corner House and conservation organisation WWF-UK filed papers at the High Court in a judicial review of the UK's Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia.

file iconLegal Grounds for Judicial Review

WWF-UK Witness Statement

for the Judicial Review Application against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
James Leaton, WWF-UK

15 August 2007

WWF-UK's 'witness statement' (as part of its joint claim for a judicial review of the UK Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia) describes the project; outlines concerns about its impacts on the Western Gray Whale, fisheries, local communities, and climate change; summarises the flawed process of the Environmental Impact Assessment; and details how WWF-UK eventually learnt about the ECGD's decision to support Sakhalin II by means of a Freedom of Information request.

file iconWWF Witness Statement

The Corner House Witness Statement

for the Judicial Review Application against the Secretary of State for Business, Enterprise and Regulatory Reform (Sakhalin II)
Nicholas Hildyard, The Corner House

15 August 2007

The Corner House's 'witness statement' (as part of its joint claim with WWF-UK for a judicial review of the UK Export Credits Guarantee Department's decision in March 2004 to support the Sakhalin II oil-and-gas project off the far eastern coast of Russia) summarises The Corner House's monitoring over several years of the ECGD's environmental, human rights and development policies; its engagement with ECGD on the Sakhalin II project since November 2002; and its concerns about the March 2004 decision.

file iconCorner House Witness Statement

Corner House Double Victory on UK Government Department's Anti-Bribery Rules and Public Interest Litigation
The Corner House

25 January 2005

In December 2004, The Corner House began legal proceedings against the Export Credits Guarantee Department, claiming it had weakened its anti-corruption rules after consulting corporations only. It was awarded the first-ever full "protective costs order" to challenge the changed rules: The Corner House would not have to pay the Department's legal costs, even if it lost, because the challenge was in the public interest.

file iconIndustry correspondence with ECGD

Exporters lobby ECGD to dilute its anti-corruption rules

13 January 2005

In December 2004, The Corner House instituted legal proceedings against the UK's Secretary of State for Trade and Industry as the government minister responsible for the Export Credits Guarantee Department.

file iconECGD-exporters correspondence