Episode notes
Maya Lester KC, Richard Howell and Jennifer MacLeod discuss the National Security & Investment Act 2021 which entered into force three years ago in January 2022 – the background to the Act, its basic framework, operation, and the concerns it is designed to remedy.
The podcast discusses the first judgment (LetterOne) under the Act, the approach of the High Court to issues of national security, proportionality, remedies, and procedural issues, including closed material procedures. Listen for comparisons with the merger control and sanctions regimes and the potential for future challenges.