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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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© Getty images
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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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