Supreme Court
Goluchowski & Sas v Poland [2016] 1 WLR 2665 – Instructed by Lawrence & Co, James acted for Mr Goluchowski and was led by Clare Montgomery QC in this challenge to extradition that examined whether section 2(6) requires a conviction EAW to contain details of the domestic warrant and the decision activating any suspended sentence.
Bucnys & Ors v Ministries of Justice of Lithuania & Estonia [2013] 3 WLR 1485 – Led by Julian Knowles QC and Mark Summers in this challenge to whether a Ministry of Justice could be a ‘judicial authority’ for the purposes of s.2 of the Extradition Act 2003.
Divisional Court
Marku & Murphy v Greece [2016] EWHC 1801 – James represented the Greek Judicial Authorities in this challenge to the compatibility of extradition with article 3 ECHR with respect to Korydallos Men’s Prison and Nafplio Prison. Mr Marku and Mr Murphy were represented by Edward Fitzgerald QC.
GS & Others v Central District of Pest, Hungary [2016] 4 WLR 33 – James, led by Alex Bailin QC and instructed by Tuckers Solicitors, acted for one for the four Appellants in this lead case which examined the compliance of prisons in Hungary with article 3 ECHR and the assurance provided by the Hungarian authorities to reduce any risk of a violation.
Balaeiharis v Greece [2015] EWHC 3965 – James successfully acted for the Judicial Authority in Greece in this case which examined prison conditions in Korydallos Men’s Prison, the fairness of proceedings and the proportionality of the sentence imposed.
Blaj, Roman & Trebuian v Romania [2015] EWHC 1710 – James acted for Mr Roman, instructed by Tuckers Solicitors in this challenge to the compatibility of extradition to Romania with article 3 ECHR. This was the lead decision which examined the generic assurance provided to all requested persons by Romania. Mark Summers QC appeared for Romania.
Kandola v Germany [2015] 1 WLR 5097 – James, led by Mark Summers QC and instructed by Tuckers Solicitors, acted for Mr Kandola in this lead case on the bar to extradition under s.12A. This was the first Divisional Court decision on the interpretation and approach to take under s.12A of the Extradition Act 2003.
Ilia v Greece [2015] EWHC 547 & [2014] EWHC 2372 – James successfully represented the Greek Judicial Authorities in seeking the extradition of Ms Ilia, a former judge in Greece, on charges of bribery and corruption.
Aleksynas & Others v Lithuania [2014] EWHC 437 – Seven cases were joined in this challenge to the prison conditions within the penitentiary system in Lithuania. The case involved examination of assurances given by foreign States and abuse of process arguments. James, led by Alun Jones QC, successfully represented the Lithuanian authorities.
Brodziak, Madej, Dunec and Marczuk v Poland [2013] EWHC 3394 (Admin) – Represented Mr Madej led by Paul Garlick QC and instructed by Kaim Todner Solicitors. This case challenged the approach of the Courts when extraditing under aggregate sentences. The arguments advanced by Mr Madej were the lead arguments on the issue.
Administrative Court
Hungary v Korycki [June 2016 unreported] – Instructed by Oracle Solicitors, James represented Mr Korycki in this appeal by the Hungarian authorities against an order for his discharge. The appeal was dismissed with the Court upholding the findings that his extradition would be oppressive and a disproportionate interference with his article 8 rights.
France v Charbit [2015] 1 WLR 2341 – Instructed by Lewis Nedas Law James successfully resisted this appeal by the French authorities which considered whether information contained in an annex to the EAW could supplement the EAW for the purposes of s.2 Extradition Act 2003.
Din v Germany [2014] EWHC 1704 (Admin) – Instructed by Lawrence & Co James represented Mr Din in a challenge to his extradition to Germany for allegations of involvement in VAT fraud. The appeal was successful on both challenges under s.2(3) & s.2(4) of the Extradition Act 2003.
Zagul v Poland [2013] EWHC 4177 – Instructed by Lewis Nedas Law James successfully represented the Appellant in her challenge to extradition to serve sentences for offences committed in 1996.
Lettieri v Italy [2013] EWHC 1530 (Admin) – Instructed by Lewis Nedas Law and successfully challenged the request to Mr Lettieri’s extradition to serve a seven year sentence following a conviction in his absence in 1999. The appeal overturned a finding by the District Judge of a fugitive and the appeal was allowed on the ground of oppression.
Benko v Slovakia [2013] EWHC 1745 (Admin) – Instructed by Lawrence & Co. Successful challenge to uncertain and ambiguous particulars in a European arrest warrant.
