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United Kingdom

Phillips v FCDO: Administrative Court upholds UK Russia sanctions on blogger; SAMLA permits designations for propaganda; Article 10 and A1P1 interferences proportionate; common law legality considered

Published on: 26 January 2024

Published by a LexisNexis Corporate Crime expert
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Phillips v The Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin), [2024] All ER (D) 49 (Jan)

What are the practical implications of this case?

This ruling is among a number of recent first-instance judgments in which the Administrative Court has scrutinised the lawfulness of sanctions listings made under the Russia (Sanctions) (EU Exit) Regulations 2019, SI 2019/855 (the Russia Regulations). The broad approach the court ought to take to claims of this kind was the focus of submissions before the Court of Appeal in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs, at a hearing held between 17–19 January 2024, where judgment remains reserved. Until the Court of Appeal delivers its decision, practitioners must look to these first-instance decisions for direction. The ruling in Phillips also examines aspects of the legal framework that previous authorities have not addressed in earlier cases...

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