Mark Smith

Year of Call: 2012

Mark Smith is a specialist barrister in extradition, international family, and immigration law

Our specialist clerks can be contacted by email on clerks@5sah.co.uk or phone on 020 7332 5400. To contact our Chambers Director directly in relation to a specific members’ practice, please email dscothern@5sah.co.uk

To contact Mark Smith directly please email MarkSmith@5sah.co.uk

Overview

Mark is a barrister specialising in extradition, international family and immigration matters. He has particular expertise in cases involving cross-border issues and parallel proceedings across multiple jurisdictions.

Mark has appeared in the Supreme Court and the Court of Appeal, as well as the High Court Family Division in relation to international family matters and the Administrative Court in extradition proceedings.

He is an experienced extradition practitioner and regularly appears in the High Court (Admin) in relation to extradition appeals. He is instructed in relation to both import and export extradition, concerning request from both EU states and Part 2 countries.

Mark is an international family specialist and appears in child abduction and permanent relocation proceedings before the High Court Family Division. He is also regularly instructed in private children and care proceedings, especially those involving an international element.

He is a key member of the 5SAH immigration team with experience encompassing Tier 1 and business visa applications, derivative rights applications under Appendix FM, the EU Settlement Scheme, and asylum proceedings.

Mark is currently instructed in immigration proceedings following an extradition request, and in an extradition matter with parallel family proceedings.

Direct Access

Mark is Direct Access trained and can be directly instructed by members of the public through Direct Public Access. Please contact the clerks at 5SAH if you would like to instruct him directly.

Professional Panel Appointments

  • Attorney General's Panel of Counsel: C Panel.
  • CPS Specialist Extradition Panel, Level 2.

Additional Information

Education

  • BPP Law School, BPTC.
  • Oxford Brookes University, GDL.
  • University of Oxford, MPhysPhil (Physics and Philosophy).

Awards

  • Walter Wigglesworth Pupillage Scholarship.
  • Kennedy Scholarship.
  • Hardwicke Entrance Award.

Extradition & International

Mark is an experienced barrister in relation to extradition and international law proceedings. He regularly appears in extradition proceedings at first instance and on appeal in the High Court (Admin). Mark is has recently resisted a request for a police informant by the Czech Republic and a Bulgarian request for a government minister involving allegations of political corruption.

Family, Children & International Family

Private children

Mark specialises in international family law. Mark recently appeared in an application for contact where there was a risk of the child being abducted to Poland, advised on the enforcement of child arrangement orders in Belarus, and appeared in a High Court application for a passport seizure order where there was a risk of the child being abducted to Bangladesh.

Public children

Mark recently appeared in care proceedings where the court exceptionally considered wardship as an alternative to an interim care order, and High Court proceedings where a teenager was sectioned under the Mental Health Act to ensure appropriate assessment for learning difficulties.

Immigration

Mark appears in immigration and associated judicial review proceedings. Mark is currently instructed in Tier 1 (Investor) application involving a complex loan scheme and recently successfully appealed the Home Office’s decision to refuse his client’s asylum claim made on the basis of genuine fears of honour-based violence on return to Pakistan.

Civil Litigation

Mark has experience in property matters, including possession claims following notices under section 8 and section 21 of the Housing Act 1988. He recently acted for tenants involved in allegedly fraudulent tenancy assignments and successfully resisted eviction from social housing on Article 8 grounds.

Inquests & Inquiries

Mark accepts instructions in relation to Public Inquiries and Inquests. Mark has previously worked on the Undercover Policing Inquiry.

Judicial Review & Public Law

Mark has experience of judicial review proceedings and advises on a wide range of public law issues.

Professional Memberships

  • The Honourable Society of Lincoln’s Inn.
  • Defence Extradition Lawyers’ Forum (DELF).
  • Child Abduction Lawyers Association (CALA).
  • Immigration Legal Practitioners’ Association (ILPA).

Cases of Note

G v G [2021] UKSC 9

Mark was junior counsel representing child abduction charity, reunite ICAC, intervening in the Court and Appeal and then the Supreme Court. The decisions examine the interplay between asylum under the Refugee Convention 1951 and child abduction under the Hague Convention 1980 where the abducting parent and/or child makes a claim for asylum

H (Children) (Wardship: Lebanon) [2021]

Mark was instructed as junior counsel representing the father in the High Court Family Division in a complex case involving connected care and wardship proceedings where one child was living in the UK and the siblings were resident in Lebanon but the High Court had retained jurisdiction.

S v Romania [2021] EWHC 506 (Admin), DC

Mark appeared as junior counsel before the Divisional Court in extradition proceedings making an innovative argument for a modified Article 8 balancing exercise where the Requested Person has a right to retrial in the requesting state.

S (A Child) (Wrongful Retention: Portugal) [2020]

Mark represented the mother before the High Court Family Division in child abduction proceedings under the Hague Convention 1980, resisting a return order on the basis of a grave risk under Article 13(b) and the child’s objections under Article 13(2).

Belgium v E [2019] EWHC 2413 (Admin)

Mark secured the discharge of a mother of two in extradition proceedings that considered a flawed interpretation of provisions of the Children Act 1989 on appeal to the High Court. One of very few cases to be remitted to the magistrates’ court but allow for consideration of fresh evidence.

Re (A Child: International Relocation) [2018]

Mark appeared in the High Court Family Division resisting a child’s permanent relocation to Spain on behalf of the mother after the father had previously abducted the child without written consent or the permission of the court.

K v Germany [2018] EWHC 3479 (Admin)

Mark appeared in a multi-handed appeal in the High Court against extradition for a £64 million international VAT carousel fraud. One of the first High Court cases to consider impact of the Supreme Court’s decision in Goluchowski.

D v Poland [2017] EWHC 2171 (Admin)

Mark successfully appealed to the High Court against extradition for offences for possession of ammunition on the basis of Article 8 due to the short period of time remaining to be served following Chmura and Jesionowski.

N v Poland [2017] EWHC 833 (Admin)

Mark appealed to the High Court against extradition for offences of fraud, challenging the decision in Zengota that multiple EAWs can be considered as a whole when considering the passage of time bar to extradition.

K v Poland [2017] EWHC 577 (Admin)

Mark appeared in the High Court, arguing on appeal that of extradition to stand trial for fraudulently obtaining credit for a computer purchase in 2007 would be disproportionate under section 21A of the Extradition Act.

O v SSHD [2017]

Mark successfully resisted a Home Office appeal in the Upper Tribunal, having previously overturned a deportation order in the First-Tier Tribunal, arguing that there were no serious grounds to deport despite his conviction for theft and money laundering in 2013.

B v Poland [2016] EWHC 1639 (Admin)

Mark appeared in High Court extradition appeal and secured a rare discharge based on the private life of single male without relatives in the UK, as opposed to family life considerations.

G v Lithuania [2015] EWHC 707 (Admin)

Mark appeared in the High Court, which considered whether evidence in the European Arrest Warrant that the requested person’s sentence would be unenforceable amounted to a bar to extradition.