Submission to High Court of Justice (Statement of Facts and Grounds)

The claimants formally challenge the government’s decision to continue to allow exports to Saudi Arabia. This application for judicial review is brought against the Secretary of State for Business, Innovation and Skills.

The claimants submit that the government failed to make sufficient enquiries to enable a lawful decision to be reached in the assessment of whether there exists a clear risk that the equipment to be exported might be used in the commission of serious violations of IHL, and did not take into account ‘material and important issues’. It also submits that the government has failed to properly apply its own ‘suspension mechanism’ whereby licences are suspended and no new licences are granted where a proper risk assessment cannot properly be conducted or cannot be conducted don the basis of reliable evidence.  It further submits that the government has irrationally concluded that the test in Criterion 2(c) of the Consolidated Criteria is satisfied in respect of the export of military equipment to Saudi Arabia in light of the overwhelming evidence of violations by Saudi Arabia.

In turn, the claimant seeks an order prohibiting the granting of further export licences and for the suspension of extant licences, for the sale or transfer of arms to Saudi Arabia for possible use in Yemen, pending a lawful review of whether these sales comply with the EU Common Position and/or Consolidated Criteria.