Emma-Louise Fenelon and Gareth Rhys appeared on behalf of the Ministry of Defence (“MoD”) and the Department for Business and Trade (“DBT”) at a three‑day hearing before Mr Justice Cavanagh in the King’s Bench Division on 17–19 March 2026. They were led by Bilal Rawat KC and appeared with John Goss and Karl Laird.
The Claimant alleges that MoD, DBT, GPT Special Project Management Ltd (“GPT”), and Airbus SE were involved in or facilitated corrupt payments within a major defence project in Saudi Arabia. The project was carried out pursuant to government-to-government arrangements between the Kingdom of Saudi Arabia and the UK Government for the delivery of military capabilities to the Saudi Arabian National Guard. GPT had been engaged by the UK Government as the prime contractor to carry out the project. However, following a major Serious Fraud Office investigation into GPT, the company pleaded guilty to corruption charges for which it was prosecuted in 2021. Prosecutions of individual GPT employees concluded with acquittals in 2024.
The Claimant, a former employee of GPT, pursues multiple causes of action against the MoD and DBT including claims for unlawful means conspiracy, negligence, and misfeasance in public office. All defendants have applied for summary judgment based on limitation and Airbus SE has also challenged the claims on grounds of jurisdiction.
At the March hearing, MoD and DBT made a public interest immunity application as well as an application to maintain confidentiality and apply reporting restrictions over material in the hands of the Claimant and other defendants. The judge heard the applications (some of which were heard in closed proceedings) and granted the MoD and DBT’s applications: Foxley v Ministry of Defence & others [2026] EWHC 673 (KB). The summary judgment and jurisdiction applications were adjourned: Foxley v Ministry of Defence & others [2026] EWHC 672 (KB).
Emma and Gareth were instructed by the Government Legal Department in this substantial piece of litigation at the intersection of public and commercial law.
