Articles by author
Sanctions defences after Celestial Aviation: when does s 44 of SAMLA 2018 help?
In this article Tom Leary considers the scope of sanctions-based defences under s 44 of the Sanctions and Anti-Money Laundering Act 2018 for banks and financial institutions faced with debt claims, following the Court of Appeal’s decision in Celestial Aviation Services Limited v Unicredit Bank GmbH, London Branch [2024] EWCA Civ 628.
24 OCT 2024There are known unknowns: how strict is civil liability for breaches of sanctions?
In this article Tom Leary explains how the introduction of sub-s 146(1A) of the Policing and Crime Act 2017 – the introduction of a strict liability regime for breaches of the UK sanctions regime – has created uncertainty that needs to be addressed quickly by Office of Financial Sanctions Implementation.
1 NOV 2022Regulation 7(4): when is an entity “controlled” by a sanctioned person?
In this article Tom Leary explains the key decisions in the Mints litigation on issues of “control”, why the Court of Appeal’s approach to Reg 7(4) of the Russia (Sanctions) (EU Exit) Regulations 2019 is unsurprising given the genesis of its drafting, and the practical implications for practitioners.
1 DEC 2023
