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15 March 2024
Issue: 8063 / Categories: Legal News , Procedure & practice , Sanctions , International , Banking
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NLJ this week: Sanctions, designated persons and establishing ‘control’

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What is the meaning of ‘control’ in the context of international sanctions? Who exercises it? How do we interpret it?

In this week’s NLJ, Vivien Davies, partner, Galiya Martirosova, associate, and Krysteen Ormond, solicitor, Fieldfisher Sanctions Group, explore a recent ruling on this pertinent issue and question whether enough guidance is available.

The case, Mints & Ors v PJSC National Bank Trust [2023], offered some clarity on the meaning of ‘control’. The authors note the ruling ‘implies that designated persons can exert control over a company without specific limits, impacting the application of sanctions. This is especially relevant in cases where designated persons may lack direct ownership but retain the ability to influence and control entities.’

The authors cover Mints, as well as subsequent guidance on ownership and control issued by the government.

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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