Designated for what he published — and the principle of legality
Phillips v Secretary of State for Foreign, Commonwealth and Development Affairs
High Court of Justice, King's Bench Division (Administrative Court) · [2024] EWHC 32 (Admin) · 2024-01-12
A British journalist who had reported on the Donbas region was designated on the basis that his published content fed into a Russian propaganda narrative, and thereby supported actions destabilising Ukraine. His bank account was frozen. He sought judicial review, arguing that his designationThe act of adding a person, entity or address to a sanctions list, on a stated date under a stated legal power. flowed entirely from expressing political opinions on social media. Johnson J refused the application. Read the judgment for how a designation criterion is established — and what a court will and will not do with it.
- Under which primary Act and which regulations was the claimant designated, and which court decided the challenge? Write the citation you would use.
- The claimant argued that Parliament cannot have intended to authorise sanctions imposed in response to free speech. What is the principle of legality, and how did the court apply it here?
- The claimant's account was frozen and he declined to apply for licences to meet his basic needs. What does that tell you about the relationship between a freeze and a licence?
- A colleague summarises this case as "the court held that journalists can be sanctioned for their opinions". What is wrong with that as a statement of the decision?