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NLJ this week: Sanctions, designated persons and establishing ‘control’

15 March 2024
Issue: 8063 / Categories: Legal News , Procedure & practice , Sanctions , International , Banking
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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