Helen Thomas writes:
“There is a decent legal debate going on about whether the 2018 amendments really imposed a higher standard, or just properly reflected UK law and our legal system. “All the House of Lords did was to make express all those things that the UK courts would require anyway,” says Philip Moser QC.”
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“It is considerably easier and faster to start, and potentially win, a judicial review in the High Court against a UK sanctions decision than it is to successfully prosecute a direct action in the General Court of the CJEU [Court of Justice of the European Union] in Luxembourg,” said Philip Moser QC.
“There is therefore a big difference between being the UK government trying to sanction people in a way that will stick and being the EU Commission which can sanction on a slimmer factual basis relatively insulated from effective challenge.”
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