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02 July 2021 / Sarah Wrigley , Charlie Steele
Issue: 7939 / Categories: Features , Brexit
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Post-Brexit sanctions—the road ahead

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Charlie Steele & Sarah Wrigley report on what to expect in the UK sanctions landscape post-Brexit
  • Guidance: understanding the legislative and regulatory changes.
  • Current policy: key drivers.
  • UK human rights sanction regime.
  • International partnerships and alliances: unique challenges.

When the Brexit ‘implementation’ period ended on 31 December 2020, the UK’s new autonomous sanctions regime entered legal effect. While the long-term consequences of these new regulations remain to be seen, activity in Britain’s sanctions landscape both before and since its departure from EU-led regulatory practices have confirmed the intentions of the Office of Financial Sanctions Implementation (OFSI) to keep sanctions a lasting and effective regulatory tool in the UK.

OFSI was remarkably active both in the run-up to and during the implementation period and remained so in the first months of the new regime taking effect. It has published a significant amount of guidance materials targeted at helping firms to understand the legislative and regulatory changes, and issued the first UK general licence, under the Russian sanctions regime. The latter

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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