Georgina Wolfe appears in the Court of Appeal in landmark national security case

Georgina Wolfe appeared on behalf of the Chancellor of the Duchy of Lancaster in the Court of Appeal in L1T FM Holdings UK Limited v Chancellor of the Duchy of Lancaster, a significant appeal concerning the operation of the National Security and Investment Act 2021 (NSIA).

The case follows the High Court’s decision in R (on the application of L1T FM Holdings UK Limited and/or) v Chancellor of the Duchy of Lancaster in the Cabinet Office, the first judicial review challenge under the NSIA to reach judgment.

The appeal raises an important question at the intersection of national security law and human rights, namely: to what extent does Article 1 of Protocol 1 (A1P1) to the European Convention on Human Rights require full compensation to be paid following a forced sale made pursuant to a final order under the NSIA.

At first instance, Mrs Justice Farbey upheld the lawfulness and proportionality of the Government’s decision requiring LetterOne, an investment group whose ultimate owners include sanctioned oligarchs Mikhail Fridman and Petr Aven, to divest its interest in the broadband provider Upp. The court rejected arguments that the absence of compensation breached A1P1 or that the process was procedurally unfair, finding the decision consistent with the NSIA’s objectives and the protection of UK national security.

The appeal before the Court of Appeal is therefore the first to consider the compensation implications of divestment orders under the NSIA which is of major significance for the future operation of the UK’s national security investment regime.

Georgina was led by Sir James Eadie KC and Rory Phillips KC with Emmanuel Sheppard, and Karl Laird also appearing for the Respondent, the Chancellor of the Duchy of Lancaster in the Cabinet Office.

Georgina has also co-authored a chapter on the NSIA in National Security Law, Procedure and Practice (OUP, 2024).