John Arnold Bredenkamp v Secretary of State for Foreign and Commonwealth Affairs

0n 23 November 2012 Mr Justice Ouseley held that the High Court had jurisdiction to consider a claim for judicial review of a United Kingdom decision to nominate an individual for sanctions listing under a European Union sanctions regime.

The Judge also held that subsequent decision by the United Kingdom to refuse to assist an individual in seeking de-listing could be the subject of a claim for judicial review despite the European Union context and rejected the Secretary of State's attempt to strike out or stay the proceedings brought by the Claimant.

In reaching these conclusions the Judge held that the Claimant's ability to challenge the imposition of sanctions before the Court of Justice of the European Union did not constitute an effective alternative remedy and that the requirements of comity did not require a stay to be granted.
 
Tim Otty QC acted for the Claimant Mr John Bredenkamp.