header-logo header-logo

14 January 2022
Issue: 7962 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 7 & 14 January 2022

Human rights

R (on the application of Youssef) v Secretary of State for Foreign, Commonwealth and Development Affairs [2021] EWHC 3188 (Admin), [2021] All ER (D) 17 (Dec)

The Queen’s Bench Division dismissed the claimant’s application for judicial review of the review mechanism for the continuation of asset-freezing scheme provided in the Sanctions and Anti-Money Laundering Act 2018 and the ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (SI 2019/466). The claimant alleged that the scheme had not allowed him access to a court to review his original listing as a ‘sanctioned person’ by the United Nations Al-Qaida and Taliban Financial Sanctions Committee and the present imposition of the asset-freezing regime, contrary to Arts 6 and 8 of the European Convention on Human Rights (the Convention). The court held that the remedy available under the Act and the Regulations was ‘effective’, in the sense that the court could order the Secretary of State to use her best endeavours to procure the removal of that listing by the only body able to do so, the UN Security Council.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll