International sanctions laws impose restrictions on our ability to do business with certain individuals and entities, as well as potentially entire regimes and countries. These laws help support governments’ foreign policy objectives, including such priorities as promoting national security interests, fighting terrorism, preventing proliferation of weapons of

Dispute Resolution analysis: The court granted summary judgment on two applications brought by a Puerto Rican bank against a Venezuelan state-owned oil and gas company. The state-owned oil and gas company attempted to argue that it could not make payment to the bank because of the imposition of US sanctions rendering such payment illegal; and thus under the material agreements with the bank the payment obligation was suspended and/or pursuant to the rule in Ralli Bros its payment obligation was similarly suspended. As a matter of construction, the court found that the agreements did not suspend the payment obligation in light of the US sanctions; nor was the rule in Ralli Bros of any assistance as a license disapplying the effects of the US sanctions could be obtained. The court similarly found that Article 9(3) of Rome I did not add anything material to the Ralli Bros exception and did not assist the oil and gas company in any way. Written by Christopher Snell, barrister at New Square Chambers.

This Practice Note provides a summary of Office of Financial Sanctions Implementation (OFSI) General Licences relating to the provision of legal services. It also provides brief details of the General Trade Licence, issued under regulation 65 of the Russia Regulations and published by the Export Control Joint Unit (ECJU), which was in effect between 11 August 2023 and 6 September 2024, covering the provision of certain legal advisory services otherwise prohibited by the Russia Regulations. From 6 September 2024, limited exceptions to the prohibition on the provision of legal advisory services are incorporated into the Russia Regulations, SI 2019/855, reg 60DB, rather than certain matters being dealt with by way of licensing. The General Trade Licence has accordingly been revoked—see: DBT General Trade Licence (Russia Sanctions—Legal Advisory Services). OFSI Legal Services General Licence Since October 2022, OFSI has issued a series of General Licences relating to payments by designated persons for the provision of legal services. Rather than keep extending the original General Licence, it has issued a new General Licence on the expiry of each preceding

General information Date of review [Insert date] Person(s) conducting review [Insert name(s)] Screening Considering your screening process: Is your screening process working as required (eg if you outsource screening, are you receiving too many false positives, is the provider reliable, etc)? □ Yes□ No—provide reason and, if appropriate, set action point below Total number of sanctions match reports received in the last [quarter] [Insert number] Number of reports resulting in a positive match in the last [quarter] [Insert

This Practice Note sets out reporting obligations under key UK sanctions regimes and other reporting requirements relevant to sanctions compliance. These include obligations set out in regulations made under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), reporting conditions under licences, other sanctions regimes, professional reporting obligations and other reporting requirements. Financial sanctions mandatory reporting obligations in regulations made under SAMLA 2018 Financial sanctions reporting obligations are set out in the individual sanctions regulations made under SAMLA 2018. Typically these apply to ‘relevant firms’, as defined in the applicable statutory instrument. Reporting obligations may also apply to others and you will need to check the relevant legislation for specific requirements, eg: • ‘relevant institutions’ have additional reporting obligations regarding frozen accounts • there are specific reporting obligations for designated persons—see section: Other reporting requirements For details of sanctions regimes made under SAMLA 2018, see Practice Note: UK sanctions regimes currently in force. The Office of Financial Sanctions Implementation (OFSI) has published a series of sector-specific threat assessment reports, which identify breaches of financial sanctions reporting requirements

This Practice Note provides guidance on establishing systems and controls to ensure compliance with the UK sanctions regime. This Practice Note does not cover systems and controls for organisations offering services in the area of sanctions, eg challenging sanctions designations, etc, which require specialist skills and knowledge. Your systems and controls There are a number of steps you should take when establishing your systems and controls. You should: • assess your likely exposure to sanctions prohibitions, ie conduct an organisation-wide risk assessment • based on the outcome of your risk assessment, develop and implement appropriate policies and procedures, which include in relation to conducting appropriate due diligence, checking the sanctions lists, what you will do if you identify a designated person, etc • maintain appropriate records relating to sanctions compliance, including your organisation-wide risk assessment, records of your assessment of sanctions risk for each customer/matter, policies and procedures, investigations into possible matches, etc • train staff on the sanctions regime and your procedures • regularly review your systems and controls • regularly report to senior management

The sanctions regime applies to all law firms—there is no distinction in the sanctions regime between regulated and non-regulated sectors or activities, as there is under the anti-money laundering, counter-terrorist financing and counter-proliferation financing regime. Breaches of the sanctions regime have serious consequences, including imprisonment up to ten years, fines and professional disciplinary action. It is crucial therefore to have systems and controls in place to ensure compliance. This Practice Note is intended for law firms. It provides guidance on establishing systems and controls to ensure compliance with the UK sanctions regime, and incorporates guidance from the SRA. This Practice Note does not cover systems and controls for law firms offering services in the area of financial sanctions, which is high-risk work requiring specialist skills and knowledge. Your systems and controls There are a number of steps you should take when establishing your systems and controls. You should: • assess your likely exposure to sanctions prohibitions, ie conduct an organisation-wide risk assessment • based on the outcome of your risk assessment, develop and implement appropriate policies

Sanctity of contract describes the principle that freely negotiated contracts should be honoured and enforced according to their terms, with courts being slow to interfere or rewrite the parties’ bargain. It underpins contract law across England and Wales, Scotland, Northern Ireland and Ireland, and is reflected in judicial reluctance to imply terms or invoke public policy to defeat clear contractual wording.The expression is descriptive rather than a statutory term, but is recognised in case law as part of the broader respect for freedom of contract and commercial certainty. It informs judicial approaches to interpretation, remedies, frustration, illegality and the limitation of doctrines such as undue influence and economic duress.In commercial contracts, sanctity of contract supports enforceability of exclusion clauses, entire agreement clauses and agreed remedies, subject to statutory controls (for example, unfair terms, consumer protection and competition law). In all UK and Irish jurisdictions, courts balance sanctity of contract against fairness and public policy, but the core idea-that parties are held to their bargains where properly formed-remains consistent and central to transactional risk assessment and contractual drafting.

A provision that buyers often try to include in the acquisition agreement to reserve their right to bring indemnification claims against the seller for breach of a representation or warranty, or covenant, even if the buyer knew about the breach before the closing and proceeded to close the transaction. The practice in the use of 'sandbagging' provisions differs depending on whether they are being employed in the context of English law as opposed to US/French/German law governed agreements.

An order for costs against the first respondent where a third party has intervened.

Law360: Generic drugmaker, Sandoz AG is suing to invalidate a patent for a prostate cancer drug similar to that sold by Astellas Pharma Inc under the brand name Xtandi, claiming that the patent doesn't cover anything new.

The Sandwell council has agreed to review its school transport policy following the Local Government and Social Care Ombudsman investigation. The ombudsman discovered flaws in the way that the Sandwell council considered a family’s application for travel support. The Sandwell council denied transport for a special-needs student attending his designated school over three miles away. Despite the parents' appeal, the council said it had only agreed to name the parents’ preferred school in the boy’s Education, Health and Care (EHC) plan on the understanding that they had accepted responsibility for transport. However, an ombudsman investigation found the council erred in their decision and appeal process. The school was considered the boy's nearest suitable school, making him eligible for transport funding. The council also failed to keep records and consider alternative schools.