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05 July 2023
Issue: 8032 / Categories: Legal News , Sanctions , Legal services , International
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Breach of new Russia sanctions ‘career-ending’ for lawyers

UK lawyers have been blocked from advising Russian companies in trade deals between global corporations, international money lending transactions and other business deals.

The Russia (Sanctions) (EU Exit) (Amendment) (No 3) Regulations 2023, in force from last week, may block legal professionals from advising international companies on lending decisions to Russian companies. According to the Ministry of Justice and the Foreign Office, Russia is highly dependent on Western countries for legal expertise, with the UK previously exporting £56m in legal services to Russian businesses every year.

Julie Norris, partner at Kingsley Napley, said: ‘The risk of non-compliance is career ending in no uncertain terms.

‘Lawyers are seen as enablers of sanctions evasion. Lawyers should be in no doubt that the regulations need to be taken very seriously and while there has been little enforcement action seen to date, this is likely to change now the regime is implemented, allowing the focus to shift to enforcement.’

Norris said prohibited activities include the granting of a loan and trust services, and noted that the ban related to advice and not to legal representation in court or arbitral proceedings. She said advice ‘includes interpretation of law, the preparation of legal documents and advising in relation to a commercial transaction, negotiation or any other dealing with a third party.

‘There are a limited number of exceptions, for example where the service is provided in relation to the discharge of or compliance with UK statutory or regulatory obligations and further where an obligation arises under a contract concluded before 30 June 2023.’

A defence is also available, where the lawyer can show they did not know and had no reasonable cause to suspect the activity was prohibited.

Lord Chancellor Alex Chalk said: ‘The UK legal system underpins many international contracts and businesses, and we will no longer allow Russia to benefit from our knowledge and expertise.’

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Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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