High Court hands down judgment in first Russian sanctions case on association

Russian Sanctions

The High Court (Cockerill J) handed down judgment this week in an important Russian sanctions case, R (Khan) v. SSFCDO [2024] EWHC 361 (Admin). The case is significant because it is the first case to reach a substantive determination in the High Court on the association provisions in the Russian sanctions regime relating to the War in Ukraine. That regime is contained in the Russia (Sanctions) (EU Exit) Regulations 2019 and includes a power to designate a person based on their relationship with another interested person. Ms Khan is the wife of Mr German Khan, a prominent Russian businessman who is on the supervising board of the company which owns Alfa Bank, Russia’s largest private bank. He is also the subject of designation under the Russian sanctions regime. Ms Khan was designated on the basis that she was associated with Mr Khan as a result of their marriage. Ms Khan challenged her designation on the basis that it was Padfield improper (as contrary to the purposes and principles of the relevant legislation), in breach of her Article 8 rights and based on an ultra vires regulation. Cockerill J dismissed the claim on all grounds.

The judgment can be found here.

Press coverage of the decision can be found here, here and here.

David Blundell KC appeared as leading counsel for the Secretary of State for Foreign, Commonwealth and Development Affairs.

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