About Robert Pollock-Hil Robert Pollock-Hill has more than 15 years’ experience advising on a variety of shipping and commercial disputes both in the English High Court and in arbitration. Robert has also acted in arbitration proceedings under the LMAA, LCIA and UNCITRAL rules in relation to a variety of charterparty and other contractual disputes. About Rosling King LLP Rosling King LLP is a London-based law firm specialising in serving the needs of financial institutions, corporates and individuals. Contact Robert Pollock-Hill Partner Rosling King LLP 55 Ludgate Hill, London EC4M 7JW, UK Tel: +44 02072 468027 E: robert.pollockhill@rkllp.com www.rkllp.com Commentary In light of the considerable importance of the matters raised, Mrs Justice Cockerill granted permission to appeal. That appeal has been listed to be heard in early July 2023. Notwithstanding the outcome of that appeal, the judgment provides a detailed and clear analysis of the sanctions legislation framework and its interpretation in the context of litigation where the claimant is a designated person under the RSR. The decision illustrates (to the relief of sanctioned and non-sanctioned claimants alike) that while the SAMLA and the RSR undoubtedly impact on the conduct of litigation where a party is subject to sanctions, they are not intended to operate as a bar to access to the English Courts, prevent the progress of on-going litigation or prohibit the entry of judgment following trial. the effect of diminishing the designated person’s assets. On the control issue, it was held C1 was not controlled by either Mr Putin or Ms Nabiullina for the purposes of the RSR. While the control issue was no longer live given her decision on the earlier points, Cockerill J considered, albeit tentatively, after a careful review of Regulations 7(2) and 7(4) of the RSR that while control, as defined in the RSR, probably did extend to control exercised by a designated person as an employee or as a corporate officer, it did not extend to control by reason of a designated person’s public or political office. Were it to be the case, it would lead to major institutions being sanctioned “by a sidewind in circumstances where they would have no notice of the sanction and be unable themselves to challenge the designation under s.38 [of the SAMLA].” SPECIAL FEATURE 35
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