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Success In The Administrative Court

30 Oct 2017

1. MM v Circuit Court in Katowice, Poland

The case of Polish Judicial Authority v MM was heard at the Administrative Court on 25th October 2017 before Sir Wyn Williams sitting as a High Court Judge. We acted on behalf of the Appellant.  Following submissions in relation to Article 8 ECHR, the Court quashed the order for extradition made at Westminster Magistrates’ Court and ordered the Appellant’s discharge so she will not now be returned to serve the balance of her sentence for Attempted Murder.

George Hepburne Scott from Church Court Chambers was instructed by Magdalena Motyl of Bark&co Solicitors.
2. WW v Circuit Court in Katowice, Poland

The instructed Counsel, Laura Herbert, successfully argued that where the European Arrest Warrant did not contain sufficient detail regarding an offence that took place between 1996-2000, it would be unjust for the Appellant to return to Poland because of the passage of time since he was accused of the offence (Section 14 of the Extradition Act).  The Judge accepted that notwithstanding that Poland was a Council of Europe country, in the circumstances provided, it would be too prejudicial to the Appellant, where he knew nothing of the allegations to mount a defence on what was detailed in the EAW.

Laura Herbert from Charter Chambers was instructed by Magdalena Motyl of Bark&co Solicitors.

 

 




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