Sarvar Ismailov v Secretary of State for Foreign, Commonwealth and Development Affairs

The claim concerned a challenge to the Secretary of State’s decision to impose economic sanctions on the Claimant. The Claimant was designated in 2022, on the basis that he was an “immediate family member” of a person who is or has been involved in destabilising Ukraine, or in undermining or threatening the territorial integrity, sovereignty, or independence of Ukraine, or who has obtained a benefit from, or provided support to, the Government of Russia.

The Claimant contended that the family designation criterion in the 2019 Regulations breached the principle of legality and was disproportionate (Ground 1) and was ultra vires (Ground 2). The Claimant also contended that his designation was unlawful because it was not made by the Secretary of State personally (Ground 3), that it was disproportionate (Ground 4), that it was irrational (Ground 5), that it was arbitrary (Ground 6), and that it breached the Public Sector Equality Duty under section 149 of the Equality Act 2010 (Ground 7).

The Court dismissed the claim on all grounds, finding that the amendments to the regulations were lawful and proportionate, and that their application to the Claimant was lawful, proportionate and rational.

Jason Pobjoy KC, Tom Leary and Ava Mayer represented the Secretary of State for Foreign, Commonwealth and Development Affairs.

The judgment is available here.