23 July 2023

Ukraine ~ Sanctions etc.

Updated 21 August 2025 

Russia's so-called "Special Military Operation" in Ukraine commenced 24 February 2022.

Sanctions:

Sanctions have been put in place by the UK as well as several other nations and the European Union.

The following links provide further information -

1) The imposition of sanctions is authorised in law by the Sanctions and Anti-Money Laundering Act 2018 and, in relation to Russia, by the Russia (Sanctions) (EU Exit) Regulations 2019.  

2) UK Government - 

a) UK sanctions regimes - GOV.UK (www.gov.uk)

b) Sanctions List and Asset Freeze List

c) UK Financial sanctions - General Guidance 

20 July 2023

Inquiries Round Up

It is almost a year since I last wrote a "round up" about the various on-going inquiries - Law and Lawyers: Covid 19 and other inquiries - 29 July 2022. Frome time-to-time "updates" were added to that post.

An ICLR Roundup:

In their Weekly Notes, the ICLR has included a useful "round up" showing the state of play at those inquiries which are either still on-going or have concluded taking evidence but have yet to issue reports.

Weekly Notes: legal news from ICLR, 14 July 2023 - ICLR


Other reports:

In addition to the ICLR's round up, it is worth noting:

R v Carla Foster ~ Appeal on Sentence

A previous post looked at the tragic case of R v Carla Foster who, in June 2023, was sentenced to 28 months imprisonment for administering poison with intent to procure a miscarriage - (Offences Against the Person Act 1861 section 58). 

Although this was plainly a serious offence, there were a number of exceptional features. Whilst a sentence of imprisonment was inevitable, the question was whether the term could be low enough to enable the imprisonment to be suspended but with requirements aimed at rehabilitation.

The sentencing judge, Mr Justice Pepperall, considered that he was unable to reduce the sentence below 28 months. This could not be suspended because it exceeded 2 years.

On appeal, the sentence was reduced to 14 months imprisonment to be suspended for 18 months from the date when she was first sentenced. There is also a rehabilitation requirement of up to 50 days to give her the opportunity to engage in various interventions designed to assist her, including counselling.

The Court of Appeal's summary judgment was published on 19 July and full reasons for the decision will be handed down in due course.

Earlier post - Law and Lawyers: R v Carla Foster - 28 months imprisonment - abortion (obiterj.blogspot.com)

Appeal - Summary of the court's judgment - R -v Carla Foster (judiciary.uk)

Addendum 22 October 2023:

The Court of Appeal's full judgment is at  R -v- Foster (judiciary.uk). It can be seen - (para 51-53) - that the court did not take too kindly to a lengthy letter sent to the trial judge by eminent medical professionals  who are listed at para 51.  In summary, the letter  said -

07 July 2023

Covid-19 Inquiry ~ Cabinet Office ~ Inquiries Act 2005

A previous post outlined the issue between the Chair of the UK Covid-19 Inquiry and the Cabinet Office - Law and Lawyers: Covid-19 Inquiry and Government ~ Battle lines drawn (obiterj.blogspot.com). 

The Inquiry Chair (Baroness Hallett) had issued a notice, under the Inquiries Act 2005 section 21, for the government to produce certain material which, in her view, related to matters to be investigated (in Module 2) by the inquiry. The government brought judicial review to challenge the notice. The High Court held that the notice was valid.

The court recorded that the Cabinet Office may respond to the notice by making an application pursuant to section 21(4), that it is unreasonable to produce material which does not relate to a matter in question at the inquiry. It will be for the Chair of the Inquiry to rule on that application. 

Therefore, the court's ruling does not mean that everything produced to the Inquiry will necessarily be published in full. Material supplied to the inquiry that is ruled not to relate to a matter in question at the inquiry is to be returned.

The 16 page judgment is at Cabinet Office -v- Chair of the UK Covid-19 Inquiry - Courts and Tribunals Judiciary. The government indicated that it would not appeal.

30 June 2023

A note on AAA v Secretary of State for the Home Department ~ removals to Rwanda


On 13 April 2022, the then Home Secretary (Priti Patel MP) signed a "Memorandum of Understanding" (MoU) with the government of Rwanda (represented by Vincent Biruta - Minister for Foreign Affairs and International Co-operation). The document may be read 
HERE. The MoU (or 'arrangement') expressly states that it is not binding in international law.

Former Attorney-General Suella Braverman KC was appointed Home Secretary on 6 September 2022 and has held the post since apart from a 6 day 'break' in October 2022.

The government wished to start implementing removals to Rwanda but judicial review proceedings were commenced in relation to several cases. The review was decided by the High Court (Lewis LJ and Swift J) in December 2022 -

AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022) (bailii.org).

Essentially, the High Court upheld the relocation policy but quashed the Home Secretary's decision in eight cases due to flaws in the implementation of the policy. The Home Secretary was entitled to reconsider the 8 cases in the light of the court's judgment.

Appeals against the High Court upholding the policy were inevitable. The

Mr Farage, PEPs and Banking Due Diligence



On Thursday 29 June 2023, the politician and broadcaster Nigel Farage announced that his bank (not named) had closed his bank accounts. He said that the bank simply stated that it was for 'commercial reasons' but, in his announcement, he went on to suggest that it may have been because he was a "Politically-Exposed Person" (or PEP). He had approached several other banks but had not been able to open new accounts

Farage is a particularly high profile individual and was a leading campaigner for Brexit - (the UK's departure from the EU). He was a Member of the European Parliament (MEP) from 1999 to 2020. In 2021, Farage relinquished his leadership of the political party Reform UK but, at the same time, became its honorary President.

The Financial Conduct Authority (FCA) has a clear explanation of Enhanced Due Diligence for High-risk Customers. This notes that - 'Politically exposed persons (PEPs) are individuals whose prominent position in public life may make them vulnerable to corruption. The definition extends to immediate family members and known close associates.'

The full definition of a PEP

29 June 2023

Committee on Privileges - Special Report on Intimidation


The House of Commons Committee on Privileges has issued a further report -

Matter referred on 21 April 2022: Co-ordinated campaign of interference in the work of the Privileges Committee (parliament.uk)

This follows on from the committee's earlier report into whether former Prime Minister Boris was in contempt of Parliament. (For earlier report see Committee of Privileges and Boris Johnson). The House itself approved the committee's report and thus held that Johnson was in contempt.

A number of notable individuals are named in this special report and there is a recommendation (at para 20).

Para 22 notes that - 'It will be for the House to consider what further action, if any, to take in respect of Members of the House referred to in this special report.'