UK COURT OF APPEAL FINDS US SECONDARY SANCTIONS ARE A “MANDATORY PROVISION OF LAW” IN UK CONTRACT

On 1 July, the European Sanctions Blog reported on a Court of Appeal case, with an appeal being dismissed and it being held that the defendant was “complying” with US secondary sanctions by not paying interest to the claimant, and that secondary sanctions were a mandatory provision of law under the agreement involved, because a “mandatory provision” did not only refer to a prohibition that directly bound the borrower not to pay. US secondary sanctions were an “effective prohibition”, and the reason for non-payment (which was what the Court said mattered) was to comply with them.

https://www.europeansanctions.com/2020/07/court-of-appeal-finds-us-secondary-sanctions-are-a-mandatory-provision-of-law-in-uk-contract/

 

 

 

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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