Alexander Zalivako

2024.11.08 – UKHC judgement in case between O and C

Attached is the judgement. The judgement sets out the standard which the Court will apply to deal with an argument that the Court shall not be granting relief (in the case payment of sale proceeds from the disputed cargo into the Court) on the basis of such an order putting a party in a position of being in breach of applicable sanctions (in the case US sanctions prohibiting to make such payment into the Court).

The relevant standard is set out in paragraph 22 of the judgement. The test is “the real risk of prosecution” by the sanctions’ authority in connection with a party complying with an English Court order. On the basis of the facts, the UKHC found that while the risk of sanctions’ breach was real, any prosecution of such risk was fanciful.

Scroll to Top