UK High Court Upholds Sanctions on Usmanov's Nephew, Confirms Legality of Family Association Criterion
The UK High Court has dismissed a legal challenge brought by Sarvar Ismailov — nephew of sanctioned oligarch Alisher Usmanov — against the UK Foreign Office's decision to maintain his designation under the Russia (Sanctions) (EU Exit) Regulation 2019.
Ismailov was designated in 2022 following an expansion of the UK's Russia sanctions framework, which broadened the definition of "associated with" to include "specified immediate family members." He was listed solely on the basis of his family relationship with Usmanov.
Ismailov challenged the designation on the grounds that the family association criterion was unlawful and that he should be removed from the sanctions list. The High Court (Mr Justice Saini) rejected all grounds of the application, holding that:
Ismailov was designated in 2022 following an expansion of the UK's Russia sanctions framework, which broadened the definition of "associated with" to include "specified immediate family members." He was listed solely on the basis of his family relationship with Usmanov.
Ismailov challenged the designation on the grounds that the family association criterion was unlawful and that he should be removed from the sanctions list. The High Court (Mr Justice Saini) rejected all grounds of the application, holding that:
- The family criterion is lawful. It operates foreseeably, with the Regulations setting out the specific circumstances in which family association can justify designation. The Court referred to the Court of Appeal's earlier judgment in Khan on this point.
- The UK is not bound to mirror EU sanctions. It is entitled to apply its own, broader designation criteria independently.
- The designation did not need to be made by the Secretary of State personally — a Foreign Office official was authorised to make the decision.
- The designation was proportionate, consistent with the Supreme Court's approach in Shvidler.
- The Foreign Office exercised its wide margin of appreciation in reviewing the available evidence, meaning the decision was neither irrational nor arbitrary.
- The designation did not breach the UK Equality Act.
