On 4 November 2022 Mrs Justice Joanna Smith handed down a judgement in the case of the FCA v Konstantinos Papadimitrakopoulos & Dimitris Gryparis clarifying and further restricting the use to which evidence obtained from an overseas authority may be put outside of that agreed with the foreign authority. As a former Head of the […]
Background On 22 July 2021, District Judge Michael Snow ordered the extradition of former Autonomy CEO Michael Lynch to the US to stand trial on charges of conspiracy, securities fraud and wire fraud in connection with the $11bn sale of the company to Hewlett Packard (‘HP’) in 2011. The US company has brought proceedings […]
Background facts The appellant Requesting State (‘RS’) appealed against the decision of the District Judge (‘DJ’) to order the Requested Person’s (‘RP’) discharge under section 20(7) of the Extradition Act 2003. The RP was sought pursuant to a conviction European Arrest Warrant (‘EAW’) for two offences of trafficking vulnerable women for prostitution for which […]
On Friday 30 April 2021, the Supreme Court handed down judgment in the case of Zabolotnyi v The Mateszalka District Court, Hungary [2021] UKSC 14. In a unanimous decision, the five-person court upheld the Divisional Court’s decision to dismiss the appellant’s appeal against an order for his extradition to Hungary but held that its […]
The High Court allowed an appeal by Ivor Fletcher against his extradition to India to serve a 10 year for possession of drugs in 2002, on the grounds that it would be oppressive by reason of the his mental condition, contrary to section 91 of the Extradition Act 2003 (‘the 2003 Act’). In so […]
Background facts This case involves 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. The first applicant (“C”) is the subject of a European Arrest Warrant (’EAW’) issued by the Romanian judicial authority. His extradition was ordered, and permission […]
Background facts The appellant (“K”) appealed against an order for his extradition to the respondent requesting state, Poland, to face charges of causing “medium” bodily harm. The alleged offending took place in Slovenia but involved Polish citizens. K had stabbed the victim in the abdomen with a long knife. The victim was successfully treated at […]
Background facts The appellant appealed against the decision of District Judge Tempia to order his extradition to the United States to face trial on charges relating to alleged computer hacking with associated demands for money and the dissemination on the internet of personal medical records. At his extradition hearing the appellant submitted that the ‘forum […]
Background facts The appellant appealed against an order for his extradition to Hungary made on 19 January 2018. The appeal had been delayed in order to allow cases dealing with prison conditions in Hungary to be heard in the High Court. That ground of appeal remained stayed until after the judgment of the Divisional Court […]
Background facts The appellant appealed against an order for his extradition to Poland to serve the remainder of his three-year sentence for multiple counts of possession and sale of marijuana on the grounds that changes in his circumstance since the judge’s decision meant that he would have decided the case differently. The appellant had been […]
Jasvinder Nakhwal
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