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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

Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

Motorola Credit Corporation v Uzan and Others: CA 26 Jun 2002

A world wide asset freezing order had been made. The defendants sought that it be set aside. Pending the hearing of their application, they sought also delay of their obligation to co-operate in providing full details of their finances. Held: The asset freezing order remained in place. To be effective the information was needed from … Continue reading Motorola Credit Corporation v Uzan and Others: CA 26 Jun 2002

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

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

Howell and Others, Regina v: CACD 28 Feb 2003

The defendants appealed against convictions for conspiracy to pervert the course of justice. They had been police officers.An application was made for the disclosure of the skeleton arguments read by the court, Judge LJ said: ‘Subject to questions arising in connection with written submissions on PII applications, or any other express justification for non-disclosure on … Continue reading Howell and Others, Regina v: CACD 28 Feb 2003

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

Hounsham and Others, Regina v: CACD 26 May 2005

The defendants appealed convictions for having staged motor accidents to support false insurance claims. They said that the insurance companies had contributed to the costs of the investigation by the police. Held: It might have been most unwise and possibly unlawful for the police to solicit contributions to their costs from the victims of crime, … Continue reading Hounsham and Others, Regina v: CACD 26 May 2005

Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

Regina v Early, Regina v Bajwa, Regina v Vickers etc: CACD 26 Jul 2002

The appellants challenged their convictions after several trials, alleging dishonesty on the part of the Customs and Excise prosecuting team in misleading the trial judges when making pre-trial applications. Several prosecutions had depended upon evidence given by unregistered informants, but whose status and involvement had been hidden from the judge. Held: The need to protect … Continue reading Regina v Early, Regina v Bajwa, Regina v Vickers etc: CACD 26 Jul 2002

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

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

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

The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

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

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

Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005

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

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

Amoako, Regina (on the Application of) v Director of Public Prosecutions: Admn 24 Feb 2006

The defendant gave notice to appeal but the respondent said it was out of time by one day. The defendant said that the decision itself had not been made until after normal business hours on the relevant day, and should therefore be treated as having been made on the following day which would validate the … Continue reading Amoako, Regina (on the Application of) v Director of Public Prosecutions: Admn 24 Feb 2006

Grewling v Circuit Court of Gorzow Wielkopowski, Poland: Admn 6 Feb 2013

The appellant challenged an order for his extradition to Poland to serve sentences for drugs offences. He relied upon a delay of six years, during which time he had made a life in the UK, with young children born here. Held: The delay may have been caused by the appellant’s own coming here to avoid … Continue reading Grewling v Circuit Court of Gorzow Wielkopowski, Poland: Admn 6 Feb 2013

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

Sciezka v The Court In Sad Okregowy, Kielce, Poland: Admn 4 Jun 2009

Service of an unsealed notice of appeal was at worst a procedural error which should not vitiate an appeal against extradition. Judges: Sullivan LJ, Wilkie J Citations: [2009] EWHC 2259 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Cited by: Cited – Lukaszewski v The District Court In Torun, Poland SC 23-May-2012 Three of the … Continue reading Sciezka v The Court In Sad Okregowy, Kielce, Poland: Admn 4 Jun 2009

Caldarelli v The Court of Naples: Admn 12 Jul 2007

The court certified a point of law for the House of Lords as follows: ‘Where a fugitive has been convicted and sentenced in his absence in the requesting state, but the conviction and sentence are neither final nor enforceable, may his case be treated as an accusation case even though he does not enjoy an … Continue reading Caldarelli v The Court of Naples: Admn 12 Jul 2007

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

Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006

Judges: Lord Kingarth And Lord Mcewan And Lord Nimmo Smith Citations: [2006] ScotHC HCJAC – 55, 2007 SLT 14, 2008 JC 1, 2006 SCCR 463, 2006 GWD 33-690, [2006] HCJAC 55, [2007] Eu LR 42 Links: ScotC, Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: Scotland Citing: Appeal from – Goatley, Re European Arrest Warrant ScSf … Continue reading Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006

Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006

Citations: [2006] EWHC 760 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Cited by: Cited – 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) … Continue reading Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006

Szegfu v Court of Pecs Hungary: Admn 24 Jun 2015

The court considered the statutory test to be applied on a request for an extension of the day time limit for appealing from an order for extradition. Held: The correct interpretation of section 26(5) permitted no distinction between the conduct of the person and the conduct of their legal representative, so that the legal representative’s … Continue reading Szegfu v Court of Pecs Hungary: Admn 24 Jun 2015

Public Prosecutors Office of The Athens Court of Appeal v O’Connor: SC 2 Feb 2022

(Northern Ireland) The extraditee’s solicitor had failed to serve a notice of appeal on the prosecutor within the time limit. The question was whether the solicitor’s failure was to be attributed to the client. Held: The prosecutor’s appeal failed. The reference to the extraditee as a person occurred twice within the section, and the context … Continue reading Public Prosecutors Office of The Athens Court of Appeal v O’Connor: SC 2 Feb 2022

Caldarelli v Court of Naples: HL 30 Jul 2008

The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were not under Italian law either final or enforceable until the appeal process … Continue reading Caldarelli v Court of Naples: HL 30 Jul 2008

Brazuks and Others v Prosecutor General’s Office, Republic of Latvia: Admn 9 Apr 2014

Three extraditees challenged their return to Latvia. The court was asked whether the state of the Latvian prison estate is such as to produce a real risk that there will be a breach of Article 3 of the ECHR if returns are directed. Moses LJ, Collins J [2014] EWHC 1021 (Admin) Bailii Extradition Act 2003 … Continue reading Brazuks and Others v Prosecutor General’s Office, Republic of Latvia: Admn 9 Apr 2014

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

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

Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007

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

Cosar v HMP Wandsworth and Others: Admn 11 May 2020

Two applications for habeas corpus or, in the alternative, for a direction that they be treated as applications for permission to apply for judicial review – confinement to prison pending extradition to Romania – delay for Coronavirus Citations: [2020] EWHC 1142 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 26 … Continue reading Cosar v HMP Wandsworth and Others: Admn 11 May 2020

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

Patel v Government of India and Another: Admn 18 Apr 2013

Ss.84(2)-(4) of the 2003 Act extend the scope of admissible evidence in line with the modern domestic approach to the admissibility of hearsay evidence Judges: Moses LJ, Kenneth Parker J Citations: [2013] EWHC 819 (Admin) Links: Bailii Statutes: Extradition Act 2003 84(2) 84(3) 84(4) Jurisdiction: England and Wales Cited by: Cited – The Government of … Continue reading Patel v Government of India and Another: Admn 18 Apr 2013

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

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

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

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

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

Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic: Admn 28 Jan 2011

The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or indeed received back by the defendant, until much later. Held: Following Walerianczyk, … Continue reading Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic: Admn 28 Jan 2011

Criminal Court At The National High Court, 1st Division (A Spanish Judicial Authority) v Murua: Admn 8 Oct 2010

Judges: Sir Anthony May P Citations: [2010] EWHC 2609 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Zakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013 The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the … Continue reading Criminal Court At The National High Court, 1st Division (A Spanish Judicial Authority) v Murua: Admn 8 Oct 2010

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

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

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

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

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

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

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