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14 January 2022
Issue: 7962 / Categories: Case law , In Court , Law digest
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Law digests: 7 & 14 January 2022

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Human rights

R (on the application of Youssef) v Secretary of State for Foreign, Commonwealth and Development Affairs [2021] EWHC 3188 (Admin), [2021] All ER (D) 17 (Dec)

The Queen’s Bench Division dismissed the claimant’s application for judicial review of the review mechanism for the continuation of asset-freezing scheme provided in the Sanctions and Anti-Money Laundering Act 2018 and the ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (SI 2019/466). The claimant alleged that the scheme had not allowed him access to a court to review his original listing as a ‘sanctioned person’ by the United Nations Al-Qaida and Taliban Financial Sanctions Committee and the present imposition of the asset-freezing regime, contrary to Arts 6 and 8 of the European Convention on Human Rights (the Convention). The court held that the remedy available under the Act and the Regulations was ‘effective’, in the sense that the court could order the Secretary of State to use her best endeavours to procure the removal of that listing by the

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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