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United Kingdom

UK Supreme Court in Shvidler and Dalston: Russia sanctions upheld; guidance on proportionality and appellate review; wide ministerial margin, Leggatt dissent

Published on: 30 July 2025

Published by a LexisNexis Corporate Crime expert
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Article summary

Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs; Dalston Projects Ltd and others v Secretary of State for Transport [2025] UKSC 30.

Background

The appeal raises significant issues about how the UK's sanctions framework functions, introduced to exert pressure on the Russian Federation to halt its brutal war on Ukraine. It further examines whether interferences with a designated individual’s or company’s Convention rights are proportionate. The two appellants, Mr Shvidler and Dalston Projects Ltd, were subjected to measures made under the powers in the Russia (Sanctions) (EU Exit) Regulations 2019 (the 2019 Regulations), SI 2019/855, as revised in 2022. Mr Shvidler’s designation occurred on 24 March 2022, one month after Russia’s invasion of Ukraine. The consequence was a worldwide asset freeze and the creation of a criminal offence for others who engage with him, whether privately or in business, save for limited exceptions. Accordingly, the appeal centres on these measures’ operation and on balancing them against fundamental Convention rights in practice...

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