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Balancing human rights protections and international obligations in the post-Brexit UK sanctions regime (R (Youssef) v Secretary of State for Foreign, Commonwealth and Development Affairs)

Published on: 03 December 2021
Published by: LexisPSL
  • Balancing human rights protections and international obligations in the post-Brexit UK sanctions regime (R (Youssef) v Secretary of State for Foreign, Commonwealth and Development Affairs)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Corporate Crime analysis: The Supreme Court, in R (Youssef) v Secretary of State for Foreign, Commonwealth and Development Affairs, has rejected a challenge to the UK’s regime for implementing United Nations (UN) financial sanctions, on the basis that it offered no opportunity to obtain a de-listing in UK courts. It did this despite two previous rulings, one by the Supreme Court itself and one by the Court of Justice in Luxembourg, which struck down similar regimes on the same basis. The change suggests a watering-down of human rights protections, both in the case law of the European Convention on Human Rights (the ECHR) at Strasbourg, including to respect due process rights under Article 6, and in the UK’s post-Brexit framework for sanctions. Written by John Binns, partner at BCL, and member of the PSL Corporate Crime Consulting Editorial Board. John has acted in the EU and UK courts for people listed under financial sanctions. or take a trial to read the full analysis.

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