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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

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

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

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

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

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

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

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

Zakrzewski v District Court In Torun, Poland and Another: Admn 7 Feb 2012

An EAW had been issued against Z based on four convictions by Polish courts for which he had received aggregated sentences of 45 months, as recorded in the EAW. After Mr Zakrzewski had been brought before the District Judge (and the hearing of his case had been adjourned), an order had been made by the … Continue reading Zakrzewski v District Court In Torun, Poland and Another: Admn 7 Feb 2012

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

Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006

Richards LJ said: ‘There is no dispute about the test to be applied by the Secretary of State in determining whether the respondent’s claim was ‘clearly unfounded’ within section 93(2) (b) of the 2002 Act. In relation to the same statutory language in section 115 of the 2002 Act, it was held in R (L) … Continue reading Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006

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

Goodyer and Gomes v Government of Trinidad and Tobago: Admn 22 Aug 2007

The applicants complained of delays in their extraditions. Held: ‘It seems to us that, whether the concurrent fault of the requesting state is regarded as keeping the chain of causation intact, albeit attenuated, or is regarded as an exceptional circumstance, it is wrong for the reasons given by Lord Edmund-Davies to leave it out of … Continue reading Goodyer and Gomes v Government of Trinidad and Tobago: Admn 22 Aug 2007

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

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

Slator v Bow Street Magistrates’ Court, High Court of Dublin (Interested Party ): Admn 4 Oct 2006

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 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

Holmes v Governor of Brixton Prison 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

A v The United Kingdom: ECHR 17 Dec 2002

The applicant complained that the absence of legal aid to allow a challenge what had been said about her in Parliament by way of defamation, violated her right of access to court. Held: The right to absolute parliamentary privilege was within the margin of freedom enjoyed by a nation state. The applicant was not left … Continue reading A v The United Kingdom: ECHR 17 Dec 2002

D v The United Kingdom: ECHR 2 May 1997

The applicant, an AIDS sufferer, resisted his removal to St Kitts where lack of medical treatment would hasten his death. Held: The deportation of a convicted person suffering from Aids to a country with less care facilities was inhuman or degrading treatment. ‘In its Vilvarajah and Others judgment and its Soering judgment the Court considered … Continue reading D v The United Kingdom: ECHR 2 May 1997

T v Secretary of State for the Home Department: HL 22 May 1996

The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with the bomb attach which was disproportionate to those aims. Held: The involvement by the applicant … Continue reading T v Secretary of State for the Home Department: HL 22 May 1996

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

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

Regina v Brentford Justices Ex parte Wong: QBD 1981

The defendant had been involved in a traffic accident. Very shortly before the expiry of the six month time limit, the prosecutor issued a careless driving summons apparently in order to preserve the possibility of a prosecution without yet having made his mind up to continue. He decided to continue only three months later. The … Continue reading Regina v Brentford Justices Ex parte Wong: QBD 1981

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

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

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

Brown v The Queen (Jamaica): PC 13 Apr 2005

A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter. Held: Adomako could not apply in jurisdictions where causing a death by reckless driving is a possible alternative to a charge of manslaughter. … Continue reading Brown v The Queen (Jamaica): PC 13 Apr 2005

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

Vilnius City, the District Court of v Barcys: Admn 22 Mar 2007

The court considered whether it had jurisdiction to apply the Rules to extend time to appeal against discharge of an extradition request. The notice of appeal was not filed (or served) within seven days. Held: Latham LJ said: ‘I acknowledge the force of this argument. But it begs the question as to what power the … Continue reading Vilnius City, the District Court of v Barcys: Admn 22 Mar 2007

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 the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016

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 judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for the offence) was such as render the request unjust and oppressive. … Continue reading Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

Wisniewski and Others v Regional Court of Wroclaw, Poland and Others: Admn 2 Mar 2016

The Court faced 3 appeals against extradition which raised issues as to the availability of the bar to extradition on the grounds of passage of time under section 14 of the 2003 Act in circumstances where a requested person had left the requesting state whilst subject to a suspended sentence of imprisonment which was activated … Continue reading Wisniewski and Others v Regional Court of Wroclaw, Poland and Others: Admn 2 Mar 2016

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Gomes v Trinidad and Tobago: HL 29 Apr 2009

Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights. Held: The House had to consider its own decision in Kakis which effectively excluded delay as a consideration save in exceptional circumstances. Delay caused by … Continue reading Gomes v Trinidad and Tobago: HL 29 Apr 2009

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

Enander v Governor of Brixton Prison and Another: Admn 16 Nov 2005

The claimant sought habeas corpus. The Swedish authorities had issued a European Arrest Warrant for his extradition. He submitted that the authority issuing the warrant in Sweden did not amount to a ‘judicial authority’ because it would not be so recognised within the UK. Held: The request failed: ‘in all the circumstances, the expression ‘judicial … Continue reading Enander v Governor of Brixton Prison and Another: Admn 16 Nov 2005

Regina v Secretary of State for the Environment, ex parte Powis: CA 1981

Material not available to the decision maker should not normally be admitted on an application for a judicial review of that decision. The court described three categories of acceptable new evidence: (1) evidence to show what material was before the tribunal; (2) where the jurisdiction of the tribunal depended ‘on a question of fact or … Continue reading Regina v Secretary of State for the Environment, ex parte Powis: CA 1981

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 the European Union. The court was asked whether the requests are open to challenge on the basis that (i) … Continue reading Bucnys v Ministry of Justice: SC 20 Nov 2013

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

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

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

McKinnon v The United States of America and Anotherr: HL 30 Jul 2008

The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering into a plea bargain making the extradition an abuse of process. Held: The … Continue reading McKinnon v The United States of America and Anotherr: HL 30 Jul 2008

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

Norris v United States of America and others: HL 12 Mar 2008

The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act. Held: It was not, and it would be wrong in principle to decide that it was: ‘The common law recognised … Continue reading Norris v United States of America and others: HL 12 Mar 2008

Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

SFO Director’s decisions reviewable The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had become clear that a continued investigation would threaten co-operation between the UK and Saudi … Continue reading Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office: HL 30 Jul 2008

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

Secretary of State for Justice v James: HL 6 May 2009

The applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required. Held: The post tariff detention was not unlawful and therefore no action for damages lay. The clear failures of the respondent to implement … Continue reading Secretary of State for Justice v James: HL 6 May 2009

law index

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