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26 June 2026
Issue: 8167 / Categories: Legal News , Sanctions , International , Commercial
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NLJ this week: Sanctions judges favour realism over theory

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English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine

Writing in NLJ this week, John Gibson of Michelman Robinson reviews a line of influential decisions examining when a company can be treated as controlled by a sanctioned individual. Cases including Mints, Litasco, EuroChem and Tonzip show judges rejecting both speculative assumptions and cosmetic restructuring. The courts have refused to accept that theoretical political influence alone establishes control, but have also looked beyond formal ownership arrangements where economic reality suggests influence remains.

Gibson says the emerging doctrine is grounded in ‘commercial reality’, evidence and practical influence rather than rigid legal form. The approach gives businesses greater clarity when assessing sanctions exposure while preserving the effectiveness of sanctions regimes.

The result, he argues, is a body of law that balances commercial certainty with robust enforcement against attempts to evade restrictions through artificial structures.

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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