Judges: Mr Justice Lane Citations: [2022] EWHC 2725 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 19 November 2022; Ref: scu.682470
Appeal against the decision to order the appellant’s extradition to Lithuania, pursuant to a conviction arrest warrant in order to serve the balance of a 2 year sentence of imprisonment, that is to say 1 year and 10 months Judges: Collins J Citations: [2014] EWHC 4285 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England … Continue reading ZZ v Ministry of Justice Lithuania: Admn 17 Nov 2014
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
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
Citations: [2015] ScotHC HCJAC – 52 Links: Bailii Jurisdiction: Scotland Crime Updated: 03 November 2022; Ref: scu.552273
Judges: Mr Justice Supperstone Citations: [2020] EWHC 590 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 03 November 2022; Ref: scu.648882
Judges: The Honourable Mr Justice King Citations: [2014] EWHC 2193 (Admin), [2014] WLR(D) 292 Links: Bailii, WLRD Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 26 October 2022; Ref: scu.533781
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
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
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
Appeal against the decision to send the appellant’s case to the Secretary of State under section 87(3) of the 2003 Act. The government of the Republic of Albania had sought the extradition of the appellant to serve a sentence of life imprisonment for an offence of murder. T Judges: Beatson LJ, Cranston J Citations: [2014] … Continue reading Voci v Government of The Republic of Albania: Admn 16 Oct 2014
The claimants sought to challenge the decision declining to order the discharge of the applicants pursuant to S.36(8) of the Extradition Act 2003. Judges: Laws LJ, Simon, Ouseley JJ Citations: [2014] EWHC 4631 (Admin) Links: Bailii Statutes: Extradition Act 2003 36(8) Jurisdiction: England and Wales Extradition Updated: 28 September 2022; Ref: scu.545131
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
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
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
Judges: Lord Justice Gage Mr Justice Openshaw Citations: [2005] EWHC 2849 (Admin) Links: Bailii Statutes: Extradition Act 2003 21(3) Jurisdiction: England and Wales Extradition Updated: 24 August 2022; Ref: scu.237816
Judges: Lord Justice Treacy And Mr Justice Nicol Citations: [2014] EWHC 1879 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 22 August 2022; Ref: scu.526399
Citations: [2010] ScotHC HCJAC – 42, 2010 JC 235 Links: Bailii Statutes: Extradition Act 2003 Cited by: Cited – Kapri v The Lord Advocate (Representing The Government of The Republic of Albania) SC 10-Jul-2013 The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights … Continue reading Engler v Her Majesty’s Advocate: HCJ 4 May 2010
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
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
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
The applicant had been arrested and resisted his extradition to the Czech Republic saying that the offence was so minor as not to justify extradition. Held: The offence was equivalent to obtaining a pecuniary advantage by deception, with a value of pounds 40.00. It was not a serious offence. However the court could also take … Continue reading In re Togyer: QBD 4 Jun 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
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
The claimant challenged his extradition to the US saying that it was wrong for the US to continue to be listed as a designated country for extradition under section 84. Held: The fact that the US had not yet ratified the treaty under which a UK citizen could be extradited to the US without establishment … Continue reading Norris, Regina (on the Application of) v Secretary of State for the Home Department: Admn 24 Feb 2006
Citations: [2009] EWHC 383 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(4)(c) Jurisdiction: England and Wales Citing: See Also – 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 Von Der Pahlen v Leoben High Court, Austria: Admn 4 Mar 2009
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
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
Application was made for the prisoner to be extradited whilst he served his prison sentence here. The application had been made early in the prisoner’s nine year term, intending that it should then be adjourned until a point close to te completion of the sentence. The district judge rejected the request. Held: The statute required … Continue reading Slator v Bow Street Magistrates’ Court, High Court of Dublin (Interested Party ): Admn 4 Oct 2006
The applicant resisted his extradition to Italy, saying that the provisions of Part 2 of the 2003 Act were engaged because the case started life before Italy ratified the Framework Decision and so adopted the EAW system. La Torre had been found guilty of extradition crimes in Italy and sentenced, but this first instance process … Continue reading La Torre v Her Majesty’s Advocate: HCJ 14 Jul 2006
Judges: Latham LJ, McCombe J Citations: [2006] EWHC 1750 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 07 July 2022; Ref: scu.243304
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
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
The defendant complained that the European arrest warrant under which he was held was not effective since it did not certify or specify an extradictable offence. Held: Provided the relevant material required by the statute was clearly set out in the warrant, that part of the warrant could be treated as a certificate so as … Continue reading Dabas v The High Court of Justice Madrid Spain: Admn 4 May 2006
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
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
The prisoner had argued that the alleged offence underlying the application for his extradition to Belgium had been committed in part in England, and was therefore not extradictable. The prosecutor appealed. Held: Part I of the 2003 Act was intended to be a complete code and part of the European arrest warrant scheme, intended to … Continue reading King’s Prosecutor, Brussels v Cando Armas and Another: Admn 20 Aug 2004
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence involved having misused the passwords of others, which was the deception of a machine. Held: Davies … Continue reading Holmes v Governor of Brixton Prison and Another: Admn 20 Aug 2004
The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
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
The defendant sought to challenge an order for his extradition, saying that four of the five charges were time barred. Held: It was sufficient that any one charge remained effective. The court’s discretion in the section was limited. Judges: Wool LCJ, Mackay J Citations: Times 06-Dec-2003, [2003] EWHC 3077 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Jaffar v Governor of Brixton Prison and Another: QBD 25 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
In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 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
The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none of which countries was prepared to allow him to stay. Ultimately, he … Continue reading Ocalan v Turkey: ECHR 12 Mar 2003
ECJ 1. In order for an action to be admissible under the first paragraph of Article 173 of the Treaty, the contested act must be an act of an institution which produces legal effects. Since it is apparent from the actual wording of an agreement concluded by the Commission with a non-member country that that … Continue reading France v Commission: ECJ 9 Aug 1994
Extradition of the defendant was sought so as to serve a sentence of imprisonment. Held: Use in the warrant of the actual words in the Act was not required. ‘Even if the actual words of the Act are not incorporated in the request, and even if there is no equivalent wording, in my view, at … Continue reading Bleta, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Aug 2004
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
LMA Miss Van Duyn, a Dutch national, wished to enter the UK to take up work with the Church of Scientology. Art 48EC (new Art.39EC) confers rights on the individuals of each Member State to go to another MS (host state) to take up work without being discriminated against as regards employment, remuneration and other … Continue reading Van Duyn v Home Office: ECJ 4 Dec 1974
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . … Continue reading Regina v B: CACD 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
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
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
Courts should be reluctant to exclude altogether evidence merely because it is written. If the purpose of the order sought was to trace assets it would be wrong to permit cross-examination which was designed to show that there had been a contempt of court. Citations: [2003] EWCA Civ 1769 Links: Bailii Jurisdiction: England and Wales … Continue reading Phillips v Symes: CA 2003
Judges: Mr Justice Collins Citations: [2014] EWHC 4157 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 26 April 2022; Ref: scu.542552
Citations: [2018] ScotHC HCJAC – 31 Links: Bailii Jurisdiction: Scotland Extradition Updated: 24 April 2022; Ref: scu.618821
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
Citations: [2018] ScotHC HCJAC – 15 Links: Bailii Jurisdiction: Scotland Extradition Updated: 05 April 2022; Ref: scu.605930
Judges: Mr Justice Collins Citations: [2014] EWHC 4156 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 04 April 2022; Ref: scu.542542
Judges: Mrs Justice Cox DBE Citations: [2014] EWHC 2509 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: England and Wales Extradition Updated: 27 March 2022; Ref: scu.535407
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
Whether or not the High Court has jurisdiction to extend the time in which a non-British citizen who is subject to an extradition order of a District Judge under Part 1 of the Extradition Act 2003 (‘the EA’) can make an appeal, notwithstanding a failure to comply with the strict time limits imposed by section … Continue reading Agardi v Penitentiary Judge of The Metropolitan Court, Budapest, Hungary: Admn 30 Oct 2014
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
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
[2011] EWHC 1598 (Admin) Bailii England and Wales Cited by: Cited – Bucnys v Ministry of Justice SC 20-Nov-2013 The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of … Continue reading Harmatos v King’s Prosecutor In Dendermond, Belgium: Admn 24 May 2011
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008
A conviction warrant was founded on a conviction in absentia. It was common ground that Mr Rahman had had no notice of the proceedings leading to conviction and that the conviction could be set aside on his demand. The judge was referred to Campbell and Cousins and was invited by counsel for the appellant to … Continue reading Rahman v County Court of Boulogne Sur Mer, France: Admn 6 Oct 2014
Treacy LJ and Males J [2018] EWHC 218 (Admin) Bailii Extradition Act 2003 England and Wales Cited by: Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019 K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable … Continue reading Imre v District Court In Szolnok (Hungary): Admn 14 Feb 2018
The applicants, who had been convicted in absentia in the Czech Republic resisted their extradition under an accusation warrant on the ground that autrefois convict applied. Held: As they had a right to request a new trial this was not a final judgment and accordingly they could be dealt with as persons accused Henriques J … Continue reading Bikar and Another, Regina (on the Application of) v Governor of HM Prison Brixton: Admn 14 Feb 2003
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
[2015] ScotHC HCJAC – 32 Bailii Scotland Crime Updated: 30 December 2021; Ref: scu.547234
[2014] EWHC 4162 (Admin) Bailii Extradition Act 2003 2(6)(c) England and Wales Cited by: Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016 The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of … Continue reading Regional Court In Tarnow Poland v Wojciechowski: Admn 4 Nov 2014
The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges. Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant Article 6 rights. Our reasons are as follows: the ECtHR has stated many times that a decision … Continue reading Pham v The United States of America: Admn 12 Dec 2014
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
The appellant was said to have endangered a commercial air flight from the Czech republik to Russia. Fulford LJ, Nicol J [2014] EWHC 2995 (Admin) Bailii Extradition Act 2003 26 Extradition Updated: 21 December 2021; Ref: scu.536786
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
The defendant challenged an order for his extradition to Albania, after a conviction in his absence for a murder. Laws LJ, Cranston J [2014] EWHC 2756 (Admin) Bailii Extradition Act 2003 Extradition Updated: 18 December 2021; Ref: scu.535658
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
(City of Westminster Magistrates’ Court – Sitting at Belmarsh Magistrates’ Court) The authority sought the extradition of the defendant to Sweden to face prosecution on allegations of sexual assaults. The defendant argued that the Act allowed extradition only for prosecution, and that in this case questioning only was sought and an extradition would be an … Continue reading The Judicial Authority in Sweden v Assange: 24 Feb 2011
Sir Brian Leveson P, Blake J [2014] EWHC 957 (Admin) Bailii Extradition Act 2003 108 England and Wales Extradition Updated: 11 December 2021; Ref: scu.523387
[2014] ScotHC HCJAC – 63 Bailii Extradition Act 2003 Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination … Continue reading Kapri v Her Majesty’s Advocate, Re In The Application By (Albania): HCJ 17 Jun 2014
[2014] ScotHC HCJAC – 33 Bailii Extradition Act 2003 Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination … Continue reading Kapri v Her Majesty’s Advocate (For The Republic of Albania): HCJ 25 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
The applicants challenged their extradition to Rwanda to stand trial for matters which would be an offence under the laws of both countries. Application was made for evidence to be given in secret and without disclosure to the requesting state. Held: The Court discharged the appellants on the ground that the appellants faced a real … Continue reading VB and Others v Westminster Magistrates’ Court and Others: Admn 27 Mar 2014
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
[2013] EW Misc 8 (MC) Bailii Extradition Act 2003 Citing: See Also – Government of South Africa v Dewani Admn 10-Dec-2010 Appeal against grant of bail to extradition subject. . . See Also – Republic of South Africa v Dewani Admn 30-Mar-2012 The appellant challenged the decision by the magistrate to allow his extradition to … Continue reading Republic of South Africa v Dewani: Misc 24 Jul 2013
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
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993
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
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
Appeal against extradition order on five grounds: i) The judge should have discharged him because the Latvian authorities were estopped, or the issue of his surrender was res judicata, on account of his discharge in March 2011 in Scotland in extradition proceedings for substantially the same matters in connection with an earlier EAW which was … Continue reading Auzins v Prosecutor General’s Office of The Republic of Latvia: Admn 14 Apr 2016
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
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a Divisional Court. The Court of Appeal held that they had no jurisdiction to entertain … Continue reading Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943
Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014
