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26 June 2026
Issue: 8167 / Categories: Legal News , Sanctions , International , Commercial
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NLJ this week: Sanctions judges favour realism over theory

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English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine

Writing in NLJ this week, John Gibson of Michelman Robinson reviews a line of influential decisions examining when a company can be treated as controlled by a sanctioned individual. Cases including Mints, Litasco, EuroChem and Tonzip show judges rejecting both speculative assumptions and cosmetic restructuring. The courts have refused to accept that theoretical political influence alone establishes control, but have also looked beyond formal ownership arrangements where economic reality suggests influence remains.

Gibson says the emerging doctrine is grounded in ‘commercial reality’, evidence and practical influence rather than rigid legal form. The approach gives businesses greater clarity when assessing sanctions exposure while preserving the effectiveness of sanctions regimes.

The result, he argues, is a body of law that balances commercial certainty with robust enforcement against attempts to evade restrictions through artificial structures.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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