Khan (appellant) v Secretary Of State For Foreign, Commonwealth And Development Affairs (respondent)

Tuesday 12 – Wednesday 13 November 2024

Before Lord Justice Underhill, Vice-President of the Court of Appeal, Civil Division
Lord Justice Singh
Lord Justice Dingemans

By an Appellant’s Notice submitted on 23 April 2014, the claimant appeals the decision of Mrs Justice Cockerill, sitting in the Administrative Court, dated 20 February 2024.

The Appellant, a Russian born British citizen, brought a claim pursuant to s 38(2) of the Sanctions and Anti-Money Laundering Act 2018 to set aside a decision of the Secretary of State for Foreign, Commonwealth and Development Affairs to take no action (ie. to maintain) her sanctions designation under the Russia (Sanctions) (EU Exit) Regulations 2019. The claim was dismissed.

It was Spain’s case that the Judge was bound to find in favour of the Spanish Judgment as, on the true construction of Article 34(3) of Brussels I, the s66 Judgment was not a judgement and thus not capable of being an irreconcilable judgment which could prevent recognition of the Spanish Judgment.