PJSC National Bank Trust v Mints

Subject Matter

PRACTICE — Civil proceedings — Economic sanctions — Claimant in ongoing litigation sanctioned by UK Government preventing dealing in its assets or making available any assets to it — Whether court able to enter judgment on sanctioned claimant’s claim — Whether acts of sanctioned person paying adverse costs order, satisfying order for security for costs, and paying damages awarded in respect of cross-undertaking in damages licensable — Whether costs order in sanctioned claimant’s favour licensable — Sanctions and Money Laundering Act 2018 (c 13), s 3(1)(a)(d) — Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019/855), regs 7(4), 11, 12, 64, Sch 5, paras 3, 5

[2023] EWHC 118 (Comm); [2023] WLR(D) 69, KBD

SANCTIONS — Effect of designation — Civil proceedings — Claimant in ongoing litigation designated by Secretary of State under sanctions regulations — Designation preventing dealing in funds or economic resources owned or controlled by claimant and making funds available to claimant — Whether court consequently prohibited from entering judgment on claimant’s claim — Whether Treasury having power to grant licence authorising payment by claimant of adverse costs order, satisfaction by claimant of order for security for costs, payment by claimant of damages pursuant to cross-undertaking and payment of costs order in favour of claimant — Sanctions and Anti-Money Laundering Act 2018 (c 13), s 3(1)(a)(d) — Russia (Sanctions) (EU Exit) Regulations 2019 (SI 2019/855), regs 7(4), 11, 12, 64, Sch 5, paras 3, 5

[2023] EWCA Civ 1132; [2024] KB 559; [2024] 2 WLR 714; [2024] 1 All ER (Comm) 981; [2024] 2 Lloyd's Rep 12; [2023] WLR(D) 428, CA

Appellate History

Commentary

Legal Futures
Court can enter judgment in favour of sanctioned Russian party Case comment