Blog post
Procedural flaw under the National Security and Investment Act regime insufficient to invalidate decision
The Divisional Court has dismissed a challenge to a divestment order made under the provisions of the National Security and Investment Act 2021 (NSI Act), in only the second substantive judgment under this regime: R. (on the application of FTDI Holding Ltd) v Chancellor of the Duchy of Lancaster [2025] EWHC 1922 (Admin). The decision contains helpful guidance on what constitutes 'awareness' of a transaction for the exercise of call-in powers, as well as the scope of challenges in this context. The court also accepted a procedural flaw, but it was not considered sufficient to invalidate the order.
