Jurisdiction(s):
United Kingdom

UK Court of Appeal upholds Khan designation, lambasts OFSI basic-needs licensing; new general licence inadequate; family/associates targeting proportionate; Shvidler Supreme Court appeal could recalibrate proportionality

Published on: 31 January 2025

Published by a Law360 reporter

Legal News

Article summary

Here, Law360 looks at why justices upheld Khan's designation and other takeaways from the Court of Appeal's 24 January 2025 judgment.

The Office of Financial Sanctions Implementation (OFSI) licensing route — designed to allow designated people to cover essentials like water and power — was overwhelmed to the point that, the Court of Appeal heard, Anzhelika Khan spent months waiting for official clearance simply to buy food for herself and her children. Delivering a scathing assessment, the judges observed that Khan could have faced prosecution for the mere act of eating. The court concluded that the government had given scant consideration to how those subject to an OFSI asset freeze were meant to get by without breaking the law. “It is striking that the judges condemned this regime as profoundly inhumane, effectively forcing a mother to choose between obeying the law and feeding her family — and yet that finding carries no legal consequence,” said Matt Getz of Pallas Partners LLP. In the end, prosecutors opted against charging Khan — the spouse of Ukrainian-Russian businessman German Khan — for breaching the asset freeze...

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