The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he . .
The court considered the forum bar in section 83A of the 2003 Act, Judges: Lord Burdon of Maldon LCJ, Ouseley J Citations:  WLR(D) 66,  EWHC 172 (Admin),  1 WLR 2889,  2 All ER 911,  Lloyd’s Rep FC 217 Links: WLRD, Bailii, Judiciary Statutes: Extradition Act 2003 83A Jurisdiction: England and … Continue reading Love v The Government of The United States of America and Another: Admn 5 Feb 2018
Appeal against the judgment at the Westminster Magistrates’ Court ordering the surrender of the respondent Judicial Authority under a conviction European Arrest Warrant. Three issues arose on the appeal: i) Did the EAW comply with s.2 of the Extradition Act 2003 (the 2003 Act)? ii) Was there an abuse of process? iii) Would extradition to … Continue reading Arranz v Spanish Judicial Authority: Admn 14 Jun 2013
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Sir Brian Leveson P, Blake J  EWHC 957 (Admin) Bailii Extradition Act 2003 108 England and Wales Extradition Updated: 11 December 2021; Ref: scu.523387
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return. Held: The adjudicator had failed to address the effect of delay. That was a relevant consideration, and the matter would have to be looked at again.Lord … Continue reading EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008
(Supreme Court of Ireland) The UK had issued a European arrest warrant in relation to the appellant. On 11 February 2004 he was arrested in Ireland and remanded in custody. 93 days later, following various adjournments of which some had been at his request, the High Court made an order for his surrender. On 16 … Continue reading Dundon v The Governor of Cloverhill Prison: 19 Dec 2005
SSHD must examine safety of country for return The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic deficiencies in the … Continue reading EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Feb 2014
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005
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 . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References:  UKHL 27,  3 WLR 58, Times 21-Jun-04,  2 AC 369,  3 All ER 821,  INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index