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
Judges: Lord Thomas of Cwmgiedd CJ, Cranston J Citations: [2014] EWHC 1886 (Admin), [2015] 2 All ER 415, [2015] 1 WLR 507, [2014] WLR(D) 259 Links: Bailii, WLRD Statutes: Extradition Act 2003 105 Jurisdiction: England and Wales Extradition Updated: 16 August 2022; Ref: scu.526400
Judges: Beatson J Citations: [2005] EWHC 1373 (Admin), [2006] 1 WLR 1 Links: Bailii Statutes: Extradition Act 2003 8105 Jurisdiction: England and Wales Extradition Updated: 01 December 2022; Ref: scu.227973
‘extradition case, concerning the ‘retrial’ entitlement in section 20(5) of the Extradition Act 2003 and evidence said to fill a ‘lacuna’ in a European Arrest Warrant (EAW). ‘ Citations: [2020] EWHC 1254 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 01 December 2022; Ref: scu.651055
Late evidence from requesting state was admissible The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would … Continue reading United States of America v Assange: Admn 10 Dec 2021
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time. Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post date its filing in the court. Collins J said: ‘What matters for the … Continue reading Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain: Admn 17 Mar 2011
Appeal, under section 103 from the decision to send the matter to the Secretary of State for Home Affairs to consider extraditing Zeqaj to Albania to serve a sentence of 23 years in connection with murder and firearms offences. Judges: Gross LJ, Gloster DBE J Citations: [2013] EWHC 261 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Zeqaj v Government of Albania: Admn 20 Feb 2013
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.‘When applying the national law, the national court that is called … Continue reading Criminal proceedings against Pupino: ECJ 16 Jun 2005
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009
nigeria_ogbonnaEAT2011 EAT JURISDICTIONAL POINTS – State immunityA claim for compensation for psychiatric illness caused by unlawful discrimination is a claim for ‘personal injury’ within the meaning of section 5 of the State Immunity Act 1978 and an employment tribunal accordingly has jurisdiction to entertain such a claim by an employee of a state even if … Continue reading The Federal Republic of Nigeria v Ogbonna: EAT 12 Jul 2011
A clerk was instructed, after filing a notice of appeal, to serve it on the Crown Prosecution Service with a letter on which he wrote the relevant Crown Office reference. The letter was expressed to cover the delivery of the appellant’s notice and . .
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
Appeal against an order for the appellant’s extradition to Croatia, which is a category 2 state under the Extradition Act 2003. . .
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 . .
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