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The High Court has recently considered the impact of the UK sanctions against Russia on various aspects of litigation involving a sanctioned party: PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm).

The judgment raises important questions of law with wide implications for litigation involving sanctioned entities. The court’s key finding was that the UK sanctions do not prevent the English court from entering judgment on a pre-existing (ie pre-sanctions) claim brought by the sanctioned person. There is no need for a licence from the Office of Financial Sanctions Implementation (“OFSI”) in order to enter judgment. OFSI can, however, license a sanctioned party to (i) pay an adverse costs order, (ii) satisfy an order for security for costs and (iii) pay damages awarded in respect of a cross-undertaking in damages, which means that ongoing proceedings involving a sanctioned party do not necessarily prejudice the non-sanctioned party.

As part of an interesting obiter discussion of what constitutes “ownership” or “control” for the purposes of the UK sanctions regulations, the court expressed the view that this does not include control by virtue of a sanctioned person’s political office, as opposed to personally (including through a trust structure) or (potentially) via a corporate officeholding.

In view of the importance of the issues raised, the judge gave permission to appeal the judgment to the Court of Appeal.

With our colleagues in our litigation team, we have prepared a briefing on the judgment which can be found here.

 

Rupert Lewis photo

Rupert Lewis

Partner, Head of Banking Litigation, London

Rupert Lewis
Susannah Cogman photo

Susannah Cogman

Partner, London

Susannah Cogman
Ajay Malhotra photo

Ajay Malhotra

Partner, London

Ajay Malhotra
Maura McIntosh photo

Maura McIntosh

Professional Support Consultant, London

Maura McIntosh
Alexander Gridasov photo

Alexander Gridasov

Senior Associate, London

Alexander Gridasov
Ali Grodzki photo

Ali Grodzki

Senior Associate, London

Ali Grodzki

Key contacts

Rupert Lewis photo

Rupert Lewis

Partner, Head of Banking Litigation, London

Rupert Lewis
Susannah Cogman photo

Susannah Cogman

Partner, London

Susannah Cogman
Ajay Malhotra photo

Ajay Malhotra

Partner, London

Ajay Malhotra
Maura McIntosh photo

Maura McIntosh

Professional Support Consultant, London

Maura McIntosh
Alexander Gridasov photo

Alexander Gridasov

Senior Associate, London

Alexander Gridasov
Ali Grodzki photo

Ali Grodzki

Senior Associate, London

Ali Grodzki
Rupert Lewis Susannah Cogman Ajay Malhotra Maura McIntosh Alexander Gridasov Ali Grodzki