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14 January 2022
Issue: 7962 / Categories: Case law , In Court , Law digest
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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.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
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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