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England and Wales decisions
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Costs judgment in four linked judicial review claims. Barclays’ recoverable costs were reduced by 8%; Santander, NatWest and Vanquis recovered their costs in full.
The Divisional Court upheld the LFRA 2024’s leasehold reforms, rejecting A1P1 challenges to the ground rent cap, marriage value changes, and costs reforms.
FTDI Holding Ltd, R (On the Application Of) v Chancellor of the Duchy of Lancaster in the Cabinet Office [2025] EWHC 1922 (Admin) (25 July 2025)
Judicial review of a National Security and Investment Act divestment order was dismissed. The court upheld service and timing, rejected fairness and A1P1 challenges, and found only a reasons defect.
The balance of convenience and public interest in national security outweigh the claimant’s property interests; interim relief is refused as the asserted national security risks are real and significant, and the grant of interim relief would prolong those risks. Damages are not wholly adequate but provide some protection; the expedited hearing reduces risk of irreversible harm to claimant.
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The tribunal lacks jurisdiction to enforce ESC 3.18 or legitimate expectation, whether under domestic law, EU law, or A1P1. VAT liability and registration are mandatory under statute, and ESC 3.18 is not part of the statutory chargeability. The VAT Return Direction is not an appealable decision. Appeals dismissed.
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Dana Astra IOOO v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 289 (Admin) (11 February 2025)
The High Court dismissed DANA Astra IOOO’s challenge to its Belarus sanctions designation, rejecting Article 1 ECHR jurisdiction and finding the decision proportionate and rational.
Khan v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWCA Civ 41 (24 January 2025)
Court of Appeal dismissed a sanctions challenge by Anzhelika Khan, upholding her designation under the Russia sanctions regime and rejecting human rights and Padfield arguments.
Naasani & Ors, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 2827 (Admin) (07 November 2024)
The High Court dismissed a challenge to Syria sanctions, holding they did not impose a total ban on remittances or correspondence and were proportionate.
The Administrative Court refused to stay leasehold reform judicial reviews challenging the Leasehold and Freehold Reform Act 2024 and lifted stays on related claims.
Judicial review over CMS child maintenance enforcement was dismissed. The court held the statutory scheme and guidance did not breach Articles 8, 14 or A1P1.
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