High Court Draws the Line in First NSIA Judicial Review Proceedings
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UK
A partner in our Competition & EU Law practice group based in London, I bring over 25 years' experience of providing solutions for our clients in highly regulated and technically complex markets.
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In a landmark judgment, the High Court has conducted its first-ever judicial review of an unwinding order under the UK’s National Security and Investment Act 2021 ("NSIA"). The case, LetterOne v. Secretary of State for Business, Energy and Industrial Strategy, provides rare insights into the usually confidential NSIA procedures. The judgment underscores the wide discretion given to ministers in assessing national security risks and the court's reluctance to intervene in these assessments. It also highlights the extensive input ministers receive from expert government departments in NSIA cases and the ample opportunities for parties to submit representations. The case serves as a reminder of the high threshold for successfully challenging NSIA final orders.
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