Graham William Phillips v The Secretary of State for Foreign, Commonwealth and Development Affairs
| Judge | Mr Justice Johnson |
| Neutral Citation | [2024] EWHC 32 (Admin) |
| Date | 12 January 2024 |
| Counsel | Joshua Hitchens,Karim,Maya Lester Kc,Malcolm Birdling,Richard Howell,Ali Al Karim |
| Year | 2024 |
| Court | King's Bench Division (Administrative Court) |
Neutral Citation Number: [2024] EWHC 32 (Admin)
Case No: AC-2023-LON-1868
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 12 January 2024
Before :
MR JUSTICE JOHNSON
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Between :
GRAHAM WILLIAM PHILLIPSClaimant
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THE SECRETARY OF STATE FOR FOREIGN,
COMMONWEALTH AND DEVELOPMENT
AFFAIRS Defendant
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Joshua Hitchens (instructed by Savic & Co) for the Claimant
Maya Lester KC, Malcolm Birdling, Richard Howell and Ali Al-Karim (instructed by the
Government Legal Department) for the Defendant
Hearing dates: 20 and 21 December 2023
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Approved Judgment
This judgment was handed down by release to The National Archives
on 12 January 2024 at 10.30am.
MR JUSTICE JOHNSON
Approved Judgment
Phillips v Foreign Secretary
Mr Justice Johnson:
1.This claim raises questions about the boundaries of the right to free speech, and the
permissibility of interference with that right under legislation that allows the state to
freeze the assets of those who support policies or actions that destabilise Ukraine. It
arises in the context of Russia’s invasions of Ukraine in 2014 and 2022.
2.The claimant says he is a journalist who reports on events in the Donbas region of
Ukraine. He considers it his life work to provide what he calls “a counterbalance” to
widespread western misunderstanding of the true situation in the region. He says that
he is the first mono-British national to be subject to sanctions by the British
Government, and that his designation stems entirely from his expression of his own
political opinions on social media to a primarily UK domestic audience.
3.The defendant says that the claimant is a propagandist for Russia, supported and feted
by the Russian authorities, and that he publishes content that feeds into a Russian
propaganda narrative, thereby supporting and promoting actions and policies which
destabilise Ukraine and undermine or threaten Ukraine’s territorial integrity,
sovereignty, and independence.
4.The defendant designated the claimant for the purpose of financial sanctions,
including asset freezing restrictions. The claimant applies to set aside a decision to
maintain that designation.
5.The application raises the following issues:
(1) The natureof the claimant’s activities and the factual basis on which he was
designated (see paragraphs 2 and 3 above).
(2) Does the Sanctions and Anti-Money Laundering Act 2018 permit regulations that
authorise the imposition of sanctions in response to free speech?
(3) Do the Russia (Sanctions) (EU Exit) Regulations 2019 permit the imposition of
sanctions in response to free speech?
(4) Is the continuing maintenance of the claimant’s designation an unlawful
interference with his rights to freedom of expression, respect for his private and
family life, and peaceful enjoyment of his possessions?
6.The claimant relies on his written witness statements and exhibits to those statements.
The defendant relies on statements from a Deputy Director in the Sanctions
Directorate of the Foreign, Commonwealth and Development Office (“FCDO”),
together with extensive documentary exhibits.
7.Joshua Hitchens, for the claimant, and Maya Lester KC, for the defendant, provided
me with focussed skeletonarguments which they supplemented withhelpful oral
submissions. I am grateful to them, and those working with them, for the excellent
way in which the case was presented on both sides.
MR JUSTICE JOHNSON
Approved Judgment
Phillips v Foreign Secretary
The background
Russia’s invasions of Ukraine
8.In 2014, Russia invaded Ukraine and annexed Crimea and Sevastopol. The United
Nations General Assembly passed resolution 68/262, calling upon all states to refrain
from actions aimed at disrupting the territorial integrity of Ukraine and underscoring
that Russia’s annexation of Crime and Sevastopol had no validity.
9.In February 2022, Russia again invaded Ukraine. The United Nations General
Assembly passed resolution ES-11/1, deploring Russia’s aggression against Ukraine,
endorsingthe Secretary General’s statement that Russia’s military offensive was
contrary to the United Nations Charter, and reaffirming that no territorial acquisition
resulting from Russia’s threat or use of force shall be recognised as legal. Russia’s
offensive continues, approaching two years since the 2022 invasion.
10.On 30 September 2022, Russia purported to annex the Donetsk, Luhansk, Kherson
andZaporizhzhia regions of Ukraine following “independence referendums”. The
overwhelming consensus of the international community is that the referendums were
illegal and, in effect, a sham: United Nations General Assembly Resolution ES-11-4.
11.Uncontested evidence served on behalf of the defendant (comprising a statement from
a Deputy Director in the Sanctions Directorate of the FCDO, together with exhibits)
testifies that:
“…Russia’s war in Ukraine represents not only a threat to the
United Kingdom’s national security, but the most serious threat
to European security and the international order since the end
ofthe Second World War. It has broughtlarge-scale,high
intensity land warfare to Europe, and generated a refugee and
energycrisis in the region. Russia’s barbaric and continued
targeting of Ukraine’s civilians and civilian infrastructure has
precipitated a dire humanitarian crisis and has caused at least
25,671 civilian casualties, including 9,287 civilian deaths. At
least one child has been killed in Ukraine in each day of the
conflict. Women have been subjected to trafficking and
conflict-related sexual violence. The human cost on the
battlefield has been devastating, with at least 100,000 soldiers
killed or wounded on each side.”
President Putin’s political propaganda
12.Alongside the ongoing land war, Russia wages a misinformation, disinformation and
propaganda war (“the propaganda war”), taking advantage of social media to multiply
its reach and penetration. This is described in a paper published by the Organisation
forEconomicCo-operationandDevelopmentdated3November2022,
“Disinformation and Russia’s war of aggression against Ukraine: Threats and
governance responses.” The aim of Russia’s propaganda war is to cause confusion,
build support for Russia’s goals, and undermine the perceived legitimacy of Ukraine’s
response. It pays people to post manipulative messages online. It uses online
accounts, purporting to belong to journalists, to spread disinformation. Where
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