Click the case name for better results:

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

Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021

Whether expected treatment in a Hungarian prison would be inhuman and degrading. Admission of evidence doubting state re-assurances. Judges: Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens Citations: [2021] UKSC 14 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: European Convention on Human Rights 3, Extradition Act 2003 27 Jurisdiction: England … Continue reading Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021

United States of America v Assange: Admn 10 Dec 2021

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

Jawulska, Regina (on The Application of) v The Regional Court In Szezecin Poland: Admn 21 Mar 2014

Appeal brought before the court under section 26 against a decision directing that the appellant be extradited to Poland to face a charge essentially of obtaining money to which she was not entitled when she was in charge of a school in Poland. The amount in question is something in the order of andpound;17,000, or … Continue reading Jawulska, Regina (on The Application of) v The Regional Court In Szezecin Poland: Admn 21 Mar 2014

Halligen v Secretary of State for The Home Department: Admn 21 Jun 2011

The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time. Held: What had been served was not a notice of appeal but merely notice … Continue reading Halligen v Secretary of State for The Home Department: Admn 21 Jun 2011

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

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

Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints. Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article … Continue reading Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018

United States of America v Naseer: Misc 21 Jan 2011

(City of Westminster Magistrates Court) Extradition request-terrorism offences: Issue: ‘refoulement’ i.e. absent any assurance come acquittal or concluded sentence there will not be onward removal to Pakistan without due process by US Courts and there subject to torture Judges: Purdy J Citations: [2011] EW Misc 4 (MC) Links: Bailii Statutes: Extradition Act 2003 87(2) Jurisdiction: … Continue reading United States of America v Naseer: Misc 21 Jan 2011

The United States of America v Nolan: SC 21 Oct 2015

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

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 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

Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

The applicant for habeas corpus resisted extradition to India on the ground, among others, that the prosecution relied on a statement obtained by torture and since retracted. Held: the court accepted the magistrate’s judgment that fairness did not call for exclusion of the statement, but was clear that the common law and domestic statute law … Continue reading Nadeem Akhtar Saifi v Governor of Brixton Prison and Union of India: Admn 21 Dec 2000

Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

Gornovskiy, Regina (on The Application of) v Secretary of State for The Home Department (Extradition and Immigration Powers): UTIAC 16 Sep 2021

In considering the period of leave to remain which is to be granted to a person (P) who is subject to the Restricted Leave regime, the Secretary of State is required to consider, amongst other matters, the forseeability of P’s removal from the United Kingdom. In considering that question, the fact that P has been … Continue reading Gornovskiy, Regina (on The Application of) v Secretary of State for The Home Department (Extradition and Immigration Powers): UTIAC 16 Sep 2021

Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

Sher and Others v Chief Constable of Greater Manchester Police and Others: Admn 21 Jul 2010

The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and detentions had been unlawful since they had not been given sufficient information about … Continue reading Sher and Others v Chief Constable of Greater Manchester Police and Others: Admn 21 Jul 2010

Government of Turkey v Tanis: Admn 21 Jun 2021

Lord Justice Dingemans, Mr Justice Johnson [2021] EWHC 1675 (Admin) Bailii Extradition Act 2003 81(b) England and Wales Cited by: Cited – United States of America v Assange Admn 10-Dec-2021 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 … Continue reading Government of Turkey v Tanis: Admn 21 Jun 2021

Woodcock v The Government of New Zealand: QBD 14 Nov 2003

The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay. Held: The case of R v B was of a particular character and not of assistance to the applicant. The … Continue reading Woodcock v The Government of New Zealand: QBD 14 Nov 2003

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 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

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 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

Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

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

Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005

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

Oakes and Others v Regina: CACD 21 Nov 2012

A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012

Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

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

Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007

Von Der Pahlen v Government of Austria: Admn 27 Jun 2006

The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) is not obscure and, in my judgment, it should be given its plain and ordinary meaning. The sub-section requires the warrant to obtain particulars of the circumstances in which … Continue reading Von Der Pahlen v Government of Austria: Admn 27 Jun 2006

Florea v The Judicial Authority Carei Courthouse, Satu Mare County, Romania: Admn 30 Jul 2014

The claimant challenged his proposed extradition to Romania saying that prison overcrowding there would breach his human rights. Rafferty LJ, Blake J [2014] EWHC 2528 (Admin), [2014] WLR(D) 356, Bailii, WLRD Extradition Act 2003 21, European Convention on Human Rights 3 Extradition, Human Rights Updated: 18 December 2021; Ref: scu.535531

Juszka v District Court Lublin (Poland): Admn 22 Mar 2016

The court was asked whether the Judge had fallen into error in assessing the Article 8 rights of the appellant and his family pursuant to section 21 of the 2003 Act and/or in applying the wrong legal test as she undertook that assessment. Holroyde J [2016] EWHC 753 (Admin) Bailii Extradition Act 2003 21, European … Continue reading Juszka v District Court Lublin (Poland): Admn 22 Mar 2016

Szklanny v City of Westminster Magistrates’ Court and Another: Admn 23 Oct 2007

The defendant appealed against a decision of the court to extend the time for his extradition to Poland. Held: The Directive was intended to achieve speedy extraditions, and should be read purposively. It was not necessary to read it in the way argued for by the defendant that an extension of time should be granted … Continue reading Szklanny v City of Westminster Magistrates’ Court and Another: Admn 23 Oct 2007

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

Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

Ahmad and Aswat v United States of America: Admn 30 Nov 2006

The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009

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

Reyes v The Queen: PC 11 Mar 2002

(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading treatment, and infringed his human rights under the constitution. Held: The crime of murder embraced … Continue reading Reyes v The Queen: PC 11 Mar 2002

Haroon Aswat, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Apr 2014

False Judges: Mitting J Citations: [2014] EWHC 1216 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading Haroon Aswat, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Apr 2014

Regina v Lichniak: HL 25 Nov 2002

The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002

Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014

In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014

Vinter And Others v The United Kingdom: ECHR 9 Jul 2013

(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

Beresford v The Government of the Commonwealth of Australia: Admn 13 Oct 2005

The defendant appealed against an order for his extradition, saying that the request was defective in three respects, and that there was a bar to extradition in that, due to the passage of time since the alleged abuse is said to have taken place, it would be unjust or oppressive to extradite the appellant to … Continue reading Beresford v The Government of the Commonwealth of Australia: Admn 13 Oct 2005

P, Regina v; Regina v Blackburn: CACD 22 Oct 2007

Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007

Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain: Admn 17 Mar 2011

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

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

Alcom Ltd v Republic of Colombia: HL 1984

A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in 1978. It is highly unlikely that Parliament intended to require United Kingdom courts to act contrary … Continue reading Alcom Ltd v Republic of Colombia: HL 1984

Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

Arunthavaraja v Administrative Court Office: Admn 9 Jul 2009

The defendant sought to appeal against an order for his extradition. He now sought leave to bring judicial review against of the refusal of the court office to accept his notice had been defective, being out of time. Held: Judicial review was not the appropriate way to challenge such a decision. Permission to apply was … Continue reading Arunthavaraja v Administrative Court Office: Admn 9 Jul 2009

Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 2010

ECJ Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European Arrest Warrant – Reason for mandatory non-execution – Principle ne bis in idem principle – Fundamental right – when the application merits has been delivered in the State Member of issue – Meaning of ‘same acts’ – Autonomous concept – Scope. Citations: C-261/09, … Continue reading Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 2010

Regional Court In Konin, Poland v Walerianczyk: Admn 12 Aug 2010

In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. Judges: Stanley Burnton LJ, Nicol J Citations: [2010] EWHC 2149 (Admin), … Continue reading Regional Court In Konin, Poland v Walerianczyk: Admn 12 Aug 2010

Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017

Dean v The Lord Advocate and Another: HCJ 23 Sep 2016

Application for Leave to Appeal to UK Supreme Court – refused Citations: [2016] ScotHC HCJAC – 83, 2017 SCCR 17, 2016 GWD 38-672, 2017 SCL 170, 2017 SLT 121 Links: Bailii Statutes: European Convention on Human Rights 3, Extradition Act 2003 Jurisdiction: Scotland Cited by: See Also – Lord Advocate v Dean HCJ 24-Nov-2016 Application … Continue reading Dean v The Lord Advocate and Another: HCJ 23 Sep 2016

Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015

The court set out the conditions for the use of article 8 rights claims in extradition proceedings where the proposed extradition would be to other states within the European Union. Judges: John Thomas, Baron Thomas of Cwmgiedd LCJ, Ryder LJ, Ouseley J Citations: [2015] EWHC 1274 (Admin), [2016] 3 All ER 71, [2016] 1 WLR … Continue reading Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015

Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010

The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems … Continue reading Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

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

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

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

In Re Swaptronics Ltd: ChD 24 Jul 1998

A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998

Zeqaj v Government of Albania: Admn 20 Feb 2013

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

Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences. Held: The Act required the warrant to be validated by the issuing national court. It was not required that it include reference to earlier warrants. The Act should be read … Continue reading Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

Gercans v The Government of Latvia: Admn 27 Feb 2008

The court was asked whether there was jurisdiction in High court to hear an appeal under section 26(4) against extradition order. Citations: [2008] EWHC 884 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Citing: Applied – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007 The court considered whether it had jurisdiction to apply … Continue reading Gercans v The Government of Latvia: Admn 27 Feb 2008

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

Saber v Secretary of State for the Home Department: HL 12 Dec 2007

The applicant sought asylum, saying that it would be unsafe to order his return. The issue before the House was as to when the need for protection should be assesed where, as here, there had been a series of appeals over time. Held: The appeal was dismissed. ‘Common sense indicates that the final decision, whenever … Continue reading Saber v Secretary of State for the Home Department: HL 12 Dec 2007

Mucelli v Albania and Another: Admn 15 Nov 2007

Citations: [2007] EWHC 2632 (Admin) Links: Bailii Statutes: Extradition Act 2003 Cited by: Appeal from – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009 The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice … Continue reading Mucelli v Albania and Another: Admn 15 Nov 2007

Wellington, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 May 2007

In extradition proceedings the accused has no right to disclosure of evidence to the same extent and of the same kind which would be available in domestic proceedings. Laws LJ said that a prison sentence without chance for parole might infringe the defendant’s human rights: ‘The abolition of the death penalty has been lauded, and … Continue reading Wellington, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 May 2007

Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she wished to cause distress, and said she wished to educate the pharmacists as to … Continue reading Connolly v Director of Public Prosecutions: Admn 15 Feb 2007

United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006

The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England. Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 … Continue reading United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006

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

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

Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

Greene v Associated Newspapers Ltd: CA 5 Nov 2004

The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004