News & Events

Sanctions & Export Controls

Joshua Hitchens acts as sole counsel in the third delisting challenge brought under the Russian Sanctions Regulations

Joshua Hitchens acts as sole counsel in the third delisting challenge brought under the Russian Sanctions Regulations

Joshua Hitchens appeared as sole counsel for the Claimant, the first mono-British national to be sanctioned under the UK’s post 2018 autonomous sanctions framework.  Judgment was handed down on 12 January 2024 in the third s.38 Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) delisting challenge brought under the Russian Sanctions Regulations. Mr Justice Johnson held: (a.) SAMLA does empower the Secretary of State to interfere with the right to freedom of speech/expression; (b.) The Regulations are lawful and have the effect the Secretary of State contended they have; and (c.) The interferences with Mr Phillips Convention rights were lawful and proportionate. The Claimant is expected to seek permission to appeal. Background to this case Josh was instructed in this…

News 15 Jan, 2024

Josh Hitchens of Outer Temple Chambers in Administrative Court in latest sanctions de-listing challenge

Josh Hitchens of Outer Temple Chambers in Administrative Court in latest sanctions de-listing challenge

Josh Hitchens appears in third ever de-listing claim against the FCDO under the UK’s post-Brexit sanctions framework and the second to be brought under the Russia Regulations. On 15 and 16 November 2023, the High Court heard the second claim brought against the FCDO under s.38 Sanctions and Anti-Money Laundering Act 2018 in respect of the Russia Regulations. Josh Hitchens appeared as sole counsel for the Claimant. The case before Swift J concerned the lawfulness of interferences with the right to freedom of expression through sanctions designations and the proper approach to rational connection and proportionality when considering whether interferences with Convention Rights are lawful in a sanctions context. Outer Temple barristers have represented the Claimants in two out of the…

News 17 Nov, 2023

Join Outer Temple's Sanctions experts alongside other speakers for our Annual Sanctions Forum on Wednesday, 6th December 2023 at the Reform Club.

Event: Annual Sanctions Forum 2023, 6th December

Join Outer Temple’s Sanctions experts alongside other speakers for our Annual Sanctions Forum on Wednesday, 6th December 2023 at the Reform Club. You are invited to join Outer Temple Chambers’ Sanctions Team, alongside other experts for our Annual Sanctions Forum 2023. Topics will include: The judicial sanctions landscape in 2023. Update from Counsel in latest s.38 SAMLA case involving single British nationality DP and freedom of speech. Reflections on the impact and implications of changes to the Russia Regulations 2019 in 2023. Sanctions, investments and divestments: latest trends related to Russia and China. Offshore assets: sanctions evasion and enforcement. Book your place This event will be held in-person at The Reform Club, 104 Pall Mall, St. James’s, London SW1Y 5EW.…

Events 20 Oct, 2023

NYSBA London Chapter: “Treading Water in the Atlantic: Navigating US and UK Sanctions Law and Practice”

NYSBA London Chapter: “Treading Water in the Atlantic: Navigating US and UK Sanctions Law and Practice”

The New York State Bar Association London Chapter annual event will be hosted by Outer Temple Chambers and CANDEY on Thursday 19th October 2023. Alex Haines and Rachel Roche – Co-Chairs of the NYSBA London Chapter – will present the event chaired by Sophie O’Sullivan, member of OTC’s Business Crime, Regulations and Sanctions Team.  Sophie will be joined by fellow sanctions experts Charlie Steele, former OFAC Chief Counsel, and Duncan Henderson, Partner at CANDEY. The specialist panel will address the latest sanctions law trends from both a US and UK sanctions framework perspective, including challenging designations, licensing, and enforcement actions. The event will take place at Chancery House, followed by a drinks reception at the CANDEY offices in Lincoln’s Inn. Agenda…

Events 13 Sep, 2023

Joshua Ray joins Outer Temple Chambers

Joshua Ray joins Outer Temple Chambers

Outer Temple Chambers is delighted to welcome Joshua Ray, a US/UK qualified barrister, to its International Team. Joshua Ray joined Outer Temple in September as a Professional Associate, splitting his time between London and New York. He is a member of the UK Bar, New York State Bar and Washington State Bar, and specialises in Business Crime, Sanctions, International Arbitration and Commercial Litigation. He started his legal career at Weil Gotshal & Manges LLP in New York, moving to Kobre & Kim LLP in New York before moving to their London office and then joining specialist disputes firm CANDEY, where he remains a Partner. Josh is the founder and co-chair of the London Sanctions Advisors Association, an independent group pf…

News 4 Sep, 2023

Josh Hitchens instructed in one of the first ever Russian Sanctions Designation Challenge

Josh Hitchens instructed in one of the first ever Russian Sanctions Designation Challenge

Josh Hitchens has been instructed in a claim by the first ever mono-British citizen to be made subject to an asset freeze under the UK Sanctions regime. The claim brought under s.38 Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”) alleges that the decision to sanction the Claimant, a British video journalist operating from the Donbas region was: (a) Unlawful on the ground of illegality as neither SAMLA nor the Russia (Sanctions) (EU Exit) Regulations 2019 authorise designation in response to lawful political speech by a UK national;(b) That in the alternative, that Regulation 6(3)(a) of the Russia Regulations is Ultra Vires and stands to be quashed; and(c) That the designation decision was a breach of Article 10 and Article 1…

News 21 Jun, 2023

At the front of the pack: Outer Temple's Sanctions Team instructed in the most high-profile and cutting-edge cases in the UK’s new sanctions framework

At the front of the pack: Outer Temple’s Sanctions Team instructed in leading cases in the UK’s new sanctions framework

Outer Temple Chambers’ Sanctions Team is instructed in the most high-profile and cutting-edge cases in the UK’s new sanctions framework. The Sanctions Team has unrivalled expertise in challenges to UK sanctions designations and High Court applications relating to, and arising from, the UK’s sanctions framework. This experience – twinned with instructions to act for and advise the UK Government and with ongoing high-profile sanctions advisory services – has put the team at the forefront of sanctions law and practice in the UK and its overseas territories. Comprised of seven specialist barristers; John McKendrick KC, Oliver Powell, Alex Haines, Sophie O’Sullivan, Josh Hitchens, Jeremy Scott-Joynt and Henry Reid, supported by members of the wider Business Crime and Regulation and Commercial teams…

News 20 Jun, 2023

Case Analysis PJSC National Bank Trust & anor v Mints & ors [2023]

Sanctioned Persons Not Prevented From Accessing UK Courts – PJSC National Bank Trust & anor v Mints & ors [2023]

Joshua Hitchens, along with Annabel Thomas, Gavin Costelloe and Bethany Histed (of Greenberg Traurig LLP) consider one of the first major judgments on the effects of the Russian sanctions regime on commercial litigation involving parties subject to asset freezes following Russia’s invasion of Ukraine. On 27 January 2023, Mrs Justice Cockerill handed down judgment in PJSC National Bank Trust & anor v Mints & ors [2023] EWHC 118 (Comm) in which she considered the effect of the Russian sanctions regime on commercial litigation involving parties who are designated persons. Under the Russia (Sanctions) (EU Exit) Regulations 2019 (the “Regulations”), all assets of a designated person are frozen, meaning no person may deal in them, and no person may make available any…

News 9 Feb, 2023

Event: Three Faces of Sanctions Litigation – 6th December 2022

Join Outer Temple Chambers and guests on the 6th December 2022 for a Sanctions & Export Controls breakfast seminar hosted at The Reform Club. You are invited to join our Business Crime and Regulatory Team and our esteemed guests for a discussion on navigating sanctions regimes, designations and export controls in civil, administrative and criminal proceedings. The event will be co-chaired by Outer Temple’s John McKendrick KC and Fiona Horlick KC. Speakers include Oliver Powell, Alex Haines, Sophie O’Sullivan, Jeremy Scott-Joynt, Joshua Hitchens, and Henry Reid. Guest speakers include; Tristan Grimmer, Partner at Baker Mckenzie; Elizabeth Robertson, Partner at Skadden; and Tom Cornell, Associate at Debevoise & Plimpton LLP. The conference will take place at The Reform Club in London…

Events 14 Nov, 2022

OpenText White Collar Crime Forum

White Collar Crime Forum: Oliver Powell to join panel discussion on fishing for dirty money

Oliver Powell will join colleagues from Stewarts and Skadden at the White Collar Crime Forum on 11th May to discuss “Fishing for dirty money – are the latest UK sanctions and economic crime legislation an effective trawler?” Oliver Powell has been invited to join a panel discussion at the 6th White Collar Crime Forum on Wednesday 11th May 2022. The event will be held at K&L Gates, One New Change, London, EC4M 9AF from 4pm. This will be a hybrid event, with the opportunity to join either online or – for the first time since 2019 – face-to-face. This event has been organised by information management experts Open Text. K&L Gates are sponsoring and hosting the event which will consider…

Events 5 May, 2022

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