Anzhelika Khan v The Secretary of State for Foreign, Commonwealth and Development Affairs
[2024] EWHC 361 (Admin)
Mazepin v Secretary of State for Foreign and Commonwealth and Development Affairs
8 June 2023
[2023] EWHC 1777 (Admin)
High Court
Nikita Mazepin was sanctioned in the UK because of his dad's business dealings with Russia. He asked a judge to temporarily lift the sanctions to help his racing career. The judge said no because lifting the sanctions, even temporarily, would make the UK's sanctions against Russia look weaker and less effective.
Key Facts
- •Nikita Mazepin, a Russian citizen, was sanctioned under UK's Russia (Sanctions) (EU Exit) Regulations 2019 due to his association with his father, Dmitry Mazepin, involved in sectors of strategic significance to the Russian government.
- •Mazepin's sanctions prevented him from entering the UK and froze his assets.
- •He requested revocation of his designation, which was refused. He then applied to the Administrative Court for interim relief mirroring EU General Court's decision to partially lift sanctions.
- •Mazepin's claim rests on six grounds, challenging the legality and fairness of his designation and the refusal to revoke it.
- •The EU General Court granted Mazepin interim relief, allowing him to enter the EU for Formula 1-related activities and open a bank account for related income.
- •Mazepin argues that without interim relief, his Formula 1 career will be irreparably harmed.
- •The UK court considered the American Cyanamid principles, modified for the public law context, in assessing the application for interim relief.
Legal Principles
American Cyanamid principles (modified for public law context): serious issue to be tried; adequacy of damages; balance of convenience; public interest.
R (Public and Commercial Services Union & Ors) v Secretary of State for the Home Department [2022] EWCA Civ 840
Public sector equality duty under section 149 of the Equality Act 2010.
Equality Act 2010
Judicial review principles applicable to decisions under section 23(3) of the Sanctions and Anti-Money Laundering Act 2018.
Sanctions and Anti-Money Laundering Act 2018, section 38(4)
Carltona principle: decisions made by officials are considered decisions of the minister.
Various case law cited, notably discussed in sections 44(d) and 73
Principles of proportionality and margin of appreciation in relation to foreign relations.
R (Al Rawi & Anor) v Secretary of State for Foreign and Commonwealth Affairs [2008] QB 298
Section 11(3) of the Sanctions and Anti-Money Laundering Act 2018 requires regulations permitting designation on the basis of association.
Sanctions and Anti-Money Laundering Act 2018
Regulation 6(6) and 6(7) of the Russia (Sanctions) (EU Exit) Regulations 2019 define association for designation purposes.
Russia (Sanctions) (EU Exit) Regulations 2019
Outcomes
Application for interim relief dismissed.
Balance of convenience weighs against granting relief. While Mazepin's career prospects are harmed, the public interest in maintaining effective sanctions outweighs this. Granting relief could undermine the sanctions regime's deterrent effect and public perception.
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