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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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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