Dan Hudson and Owen Rees write for Law360 on Shvidler Supreme Court decision
25 September 2025
Dan Hudson and Owen Rees of Seladore Legal have authored a new article for Law360 examining the UK Supreme Court’s recent decision in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs.
The judgment upheld the UK Government’s designation of Eugene Shvidler under the Russia Sanctions Regulations, endorsing a wide margin of appreciation for ministers in imposing and maintaining sanctions. The article explores how this aligns with approaches taken in the US and EU, where deference to government objectives has similarly prevailed.
Importantly, it also highlights Lord Leggatt’s powerful dissent – challenging the proportionality of the sanctions, criticising the evidential basis advanced by the Foreign Office, and questioning whether penalising individuals as a deterrent to others can ever be justified. His judgment may prove to be a pivotal moment in shaping future judicial attitudes to sanctions challenges.