Part 1: Sanctions regulations Chapter 4: Court reviews Section 39: Court reviews: further provision
This section contains some additional provisions about how legal challenges are to be dealt with by the courts. It provides that where a court would otherwise have the power to award damages (for example, by virtue of the Senior Courts Act 1981 for England and Wales), it may not do so unless they consider that the use of the power under challenge amounts to committing the tort of negligence (or for Scotland, that there has been negligence), or there has been bad faith. This approach is comparable with the current law on awards of damages in sanctions cases within the EU. This section also confirms that legal challenges are to be dealt with under the provisions in section 38.