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Judicial Review Judgment in the Alstom case: Applications of Stephen Burgin and Robert Purcell

13 July 2011

On 15 April applications for permission for Judicial Review by the Claimants Mr Robert Purcell and Mr Stephen Burgin, both current directors of Alstom in the UK, were made concerning issues relating to the Serious Fraud Office investigation into the company Alstom.

Lord Justice Laws and Mr Justice Stadlen today handed down their judgment at the Queen's Bench Division Administrative Court. Permission has been refused on all grounds.

Permission was sought in relation to the lawfulness of search warrants at their home addresses by the SFO. Challenges were absence of reasons, lack of reasonable grounds, omission of relevant information, inclusion of irrelevant information, overbroad and non-specific warrant.  Permission was also sought to argue lack of reasonable grounds for suspicion in relation to their arrests.

Costs in relation to these matters have been awarded to the SFO, the Metropolitan Police Service and Leicestershire Police.

The order that prevented the SFO examining search material from these locations has been lifted.

One remaining part of the claim, necessity to arrest both directors, will be argued in full at a later date, permission having been previously granted by Mr Justice Mitting on 26 November 2010 

Notes for editors:

  1. The Serious Fraud Office is a government department responsible for investigating and prosecuting serious and complex fraud.  The SFO is headed by the Director (Richard Alderman) who exercises powers under the superintendence of the Attorney General. These powers are derived from the Criminal Justice Act (1987).

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