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Abstract

Angelika Hellweger of Rahman Ravelli details a case that considered whether Russian parties still have right of access to the courts. Judgement in PJSC National Bank Trust and another v. Boris Mints and others [2023] EWHC 118 (Comm) is significant in terms of sanctions and access to the courts. The High Court (Commercial Court) case can be viewed as a test of whether Russian parties still have a right of access to the courts as a fundamental right - and how far they can use UK sanctions legislation, and in particular the Office of Financial Sanctions Implementation’s (OFSI’s) licensing regime, in their favour. The importance of these questions of law – and their major implications for litigation involving sanctioned entities – is reflected in the fact that the judge gave permission to appeal against the decision.

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