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In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002

The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002

Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008

Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989

The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

Launder v The United Kingdom: ECHR 8 Dec 1997

The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held: The application was manifestly ill-founded: ‘The Commission considers that it is only in exceptional circumstances that the extradition of a person to … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008

The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and inadmissible against a co-accused in the extraditing country, Spain. Held: The appeal failed. ‘The question whether there is … Continue reading Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008

Regina v Secretary of State for Home Department, ex parte Christian Norgren: Admn 18 Feb 2000

The extradition of the defendant was requested by the US for breaches of insider dealing legislation. He claimed the issue of the order by the Home Secretary claiming it was not an extradition crime since at the time, the English equivalent offence related only to dealing on the Stock Exchange in London. Held: The decision … Continue reading Regina v Secretary of State for Home Department, ex parte Christian Norgren: Admn 18 Feb 2000

Government of Canada v Aronson; Director of Public Prosecutions v Aronson: HL 20 Jul 1989

The Canadian Government asked for the arrest of the defendant and for his return to Canada to face 78 allegations in Canada. The magistrate had determined that there was sufficient evidence in 66 cases. The detainee said that 69 offences were not ‘relevant offences’ within the Act. Held: The allegations did not disclose relevant offences, … Continue reading Government of Canada v Aronson; Director of Public Prosecutions v Aronson: HL 20 Jul 1989

Regina (Hewitson) v Chief Constable of Dorset Police and another: QBD 18 Dec 2003

The claimant had been arrested under an extradition warrant. He complained that the police took the opportunity to search his girflriend’s nearby flat. The police responded that the search was conducted under a common law power of search attached to the warrant for his arrest. Held: The search was unlawful, since the connection between the … Continue reading Regina (Hewitson) v Chief Constable of Dorset Police and another: QBD 18 Dec 2003

Gaskin v The United Kingdom: ECHR 7 Jul 1989

The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989

Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

Regina v Secretary of State for Home Department ex parte Peter Elliot: Admn 18 Jul 2001

The applicant sought to challenge an order for his return to Hong Kong under the Act. He said that the ordnance under which he was to be tried, and anti-corruption statute, infringed his human rights by transferring to him the burden of proof. The Secretary of State argued that an English court should not impose … Continue reading Regina v Secretary of State for Home Department ex parte Peter Elliot: Admn 18 Jul 2001

Augusto Pinochet Ugarte and In the Matter of an Application for Leave To Move for Judicial Review Regina v Evans (Metropolitan Stipendiary Magistrate): Admn 28 Oct 1998

A provisional warrant had been issued by a magistrate for the arrest of the former president of Chile when visting London. The arrest had been in response to an extradition request from a judge in Spain and related to allegations of criminal acts by the appellant during his time as head of state against spanish … Continue reading Augusto Pinochet Ugarte and In the Matter of an Application for Leave To Move for Judicial Review Regina v Evans (Metropolitan Stipendiary Magistrate): Admn 28 Oct 1998

Regina v Adeniyi Momodu Allison; Regina v Bow Street Magistrates’ Court ex parte Adeniyi Momodu Allison: Admn 13 May 1998

Offences under sections 2 and 3 of the Computer Misuse Act 1991 are extraditable offences, since they are punishable with imprisonment in excess of one year. Citations: Times 02-Jun-1998, [1998] EWHC Admin 536 Links: Bailii Statutes: Extradition Act 1989, Computer Misuse Act 1990 Extradition Updated: 27 May 2022; Ref: scu.138657

Sergio Cuoghi v Governor of Her Majesty’s Prison Brixton and Government of Switzerland: Admn 30 Apr 1998

The absence of an authenticated documentation as required by the Act was not fatal to an extradition application. The magistrate could act on matters which were before him, but which had not been before the Home Secretary. Citations: Gazette 03-Jun-1998, Times 12-May-1998, [1998] EWHC Admin 474 Links: Bailii Statutes: Extradition Act 1989 7(4) Extradition Updated: … Continue reading Sergio Cuoghi v Governor of Her Majesty’s Prison Brixton and Government of Switzerland: Admn 30 Apr 1998

Regina v Secretary of State for Home Department ex parte Masterman: Admn 10 Feb 1998

The defendant had been arrested as a fugitive offender having been sentenced for rape in the US. The defendant argued that it would be ‘unjust or oppressive to return him’. The defendant argued that the case was an injustice but that if returned he would not have available to him a right of appeal against … Continue reading Regina v Secretary of State for Home Department ex parte Masterman: Admn 10 Feb 1998

Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

Speciality protection requirement satisfied by undertaking for re-surrender given by Hong Kong Chief Executive, despite excess time on bail. For the purposes of a challenge to extradition under domestic law, an applicant for habeas corpus is to be treated as effectively in custody. Judges: Simon Brown LJ, Mance J Citations: Gazette 18-Mar-1998, [1998] EWHC Admin … Continue reading Regina v Secretary of State for the Home Department ex parte Launder: QBD 18 Mar 1998

In Re Ismail (Application For Writ of Habeas Corpus) (On Appeal From A Divisional Court of The Queen’s Bench Division): HL 20 Aug 1998

The term ‘Accused person’ for the purposes of extradition can include a person yet to be charged. Allowance are to be made for foreign systems, and should recognise the purpose of the legislation and includes the desire to interview or where a person is wanted to help with inquiries. Lord Steyn said: ”accused’ in section … Continue reading In Re Ismail (Application For Writ of Habeas Corpus) (On Appeal From A Divisional Court of The Queen’s Bench Division): HL 20 Aug 1998

Ex Parte Amnesty International: QBD 11 Dec 1998

A decision by the Home Secretary to allow extradition proceedings to issue was discretionary and not turned into a duty by international convention. It was not appropriate to impose physical restraint on an individual pending the making of that decision. Citations: Times 11-Dec-1998 Statutes: Extradition Act 1989 Extradition Updated: 08 April 2022; Ref: scu.80398

SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings of working households. The challenge was under the 1998 Act on the basis that … Continue reading SG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 18 Mar 2015

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held: Any threat to their safety was not sufficient to justify not returning them to the … Continue reading Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

Durant v Financial Services Authority: CA 8 Dec 2003

The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003

RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009

Fairness of SIAC procedures Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this would not happen. Held: Though in each case, SIAC had considered special materials, the … Continue reading RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009

Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: Admn 19 Dec 2008

The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the applicants were within the jurisdiction of the court for this purpose, but merely being held … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: Admn 19 Dec 2008

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Secretary of State for Defence v Smith, Regina (on the Application of): CA 18 May 2009

The soldier had died of heatstroke after exercises in Iraq. The Minister appealed against a finding that the circumstances of his death required an investigation compliant with Article 2 human rights, saying that he was not subject to such jurisdiction whilst not on a British base in Iraq. The deceased’s family argued that the jurisdiction … Continue reading Secretary of State for Defence v Smith, Regina (on the Application of): CA 18 May 2009

Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

Norris v United States of America and others: HL 12 Mar 2008

The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act. Held: It was not, and it would be wrong in principle to decide that it was: ‘The common law recognised … Continue reading Norris v United States of America and others: HL 12 Mar 2008

Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999

(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999

Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987

No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987

EM (Lebanon) v Secretary of State for the Home Department: HL 22 Oct 2008

The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon. Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but in this case, the appeal was allowed, and the decision quashed. The … Continue reading EM (Lebanon) v Secretary of State for the Home Department: HL 22 Oct 2008

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act. Held: The 1984 Act did … Continue reading Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002

Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007

The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of habeas corpus. Held: ‘the right approach to this issue is to ask whether, in … Continue reading Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006

Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5): Admn 15 Jun 2007

Citations: [2007] EWHC 1984 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007 The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the … Continue reading Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5): Admn 15 Jun 2007

Walker v The Governor of HM Prison Nottingham: Admn 25 Jan 2002

The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The claimant volunteered repatriation. On his arrival back in the UK, he claimed that because … Continue reading Walker v The Governor of HM Prison Nottingham: Admn 25 Jan 2002

The Government of Ghana v Gambrah and Another: Admn 16 May 2014

Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but felt that the imposition of such a sentence even with the undertaking would infringe … Continue reading The Government of Ghana v Gambrah and Another: Admn 16 May 2014

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

F v United Kingdom: ECHR 22 Jun 2004

An Iranian citizen claimed asylum saying that he feared persecution as a homosexual. When his application was rejected, he claimed that there would be a breach of article 8 if he were to be removed to Iran because a law in that country prohibited adult consensual homosexual activity. Held: The application was declared inadmissible. The … Continue reading F v United Kingdom: ECHR 22 Jun 2004

Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009

The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or punishment. Held: The applications failed. There is no one standard applicable across the world as to … Continue reading Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal. Held: The appeal failed. The respondent’s policy was clear and … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005

The applicants sought leave to bring judicial review of the decisions which led to the invasion of Iraq. They were relatives of servicemen who had died there. Held: The court’s only duty at this stage was to ask whether there was an arguable case. ‘A government is accountable to parliament and ultimately to the electorate … Continue reading Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005

Regina v Metropolitan Stipendiary Magistrate Ex parte Lee: QBD 3 Mar 1993

An Extradition Court cannot request evidence from applicant country. Judges: Watkins LJ, Ognall J Citations: Independent 03-Mar-1993, [1993] EWHC Admin 6, [1993] 1 WLR 1294 Links: Bailii Statutes: Extradition Act 1989 7 9 Jurisdiction: England and Wales Criminal Practice, Extradition Updated: 21 July 2022; Ref: scu.87325

Warren, Regina (on the Application Of) v Secretary of State for the Home Department and Another: Admn 14 Mar 2003

Hale LJ said that it would not generally be unjust to send someone back to a country face a fair process to determine whether or not he is fit to face trial adding: ‘I accept that it may be wrong or oppressive to do so if the inevitable result will be that he will be … Continue reading Warren, Regina (on the Application Of) v Secretary of State for the Home Department and Another: Admn 14 Mar 2003

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

The applicant had left the USA after conviction, but before his prison term commenced, and a warrant issued. Nine years later he was arrested in the UK, and extradition sought. He said that the extradition was time-barred under the Order. The magistrates, and divisional court rejected the argument saying his claim was an abuse of … Continue reading Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996

The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. Citations: Times 29-Oct-1996, [1996] EWHC Admin 60 Statutes: Extradition Act 1989 12 Jurisdiction: England and Wales Citing: Cited – Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions HL 1991 The … Continue reading Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996

FP (Iran) v Secretary of State for the Home Department: CA 23 Jan 2007

The claimants said that rules which allowed an appeal tribunal to proceed in their absence when they were absent through no fault of their own, were unlawful in depriving them of a fair trial. The claimants had each moved house but their former solicitors had failed to notify the court. Held: There was no general … Continue reading FP (Iran) v Secretary of State for the Home Department: CA 23 Jan 2007

Horton v Sadler and Another: HL 14 Jun 2006

The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006

United States of America, Regina (on the Application of) v Senior District Judge, Bow Street Magistrates Court, and Tollman and another: Admn 12 Jun 2006

The USA appealed against an order made in extradition proceedings. The defendants sought the supply of further papers by the prosecutor which might support their claim for abuse of process. The USA replied that the documents were protected by either diplomatic or legal professional prvilege. It was also disputed whether the 1989 or the 2003 … Continue reading United States of America, Regina (on the Application of) v Senior District Judge, Bow Street Magistrates Court, and Tollman and another: Admn 12 Jun 2006

Hilali v The National Court, Madrid and Another (No 5): Admn 26 May 2006

Appeal against an extradition order for his extradition to Spain. The court was concerned with an issue of ‘extraneous circumstances’ arising under, respectively, section 6(1) of the 1989 Act and section 13 of the 2003 Act. Judges: Scott Baker LJ, Openshaw J Citations: [2006] EWHC 1239 (Admin), [2007] 1 WLR 768 Links: Bailii Statutes: Extradition … Continue reading Hilali v The National Court, Madrid and Another (No 5): Admn 26 May 2006

A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

Mariotti v Government of Italy and others: Admn 2 Dec 2005

The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak. Held: The court’s duty was not to investigate the evidential basis of a decision made by a competent foreign court. The application was dismissed. … Continue reading Mariotti v Government of Italy and others: Admn 2 Dec 2005

Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022

Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022