Mark Smith

Year of Call: 2012

Mark Smith is a specialist barrister in extradition and international family 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 and international family matters. He also practises in immigration and landlord and tenant law. Mark is also currently working on the Undercover Policing Inquiry.


As a specialist in extradition proceedings, Mark regularly appears in the High Court (Admin) in relation to extradition appeals. He also appears in relation to cases concerning import and export extradition in EAW and Part 2 cases.

He is also regularly instructed in private children and care proceedings. Mark has experience of international abduction and permanent relocation proceedings in the High Court Family Division.

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

  • 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.

Professional Memberships

  • The Honourable Society of Lincoln’s Inn.
  • Defence Extradition Lawyers’ Forum.
  • Child Abduction Lawyers Association.

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 currently resisting 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 family law. He regularly appears in applications for child arrangement orders that have an international element. 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.

Care proceedings

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, including human rights applications for leave to remain outside the Immigration Rules, and asylum and humanitarian protection. Recently, Mark 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.

Planning, Property, Landlord & Tenant

Mark appears in housing and landlord and tenant matters, including possession claims following notices under section 8 and section 21 of the Housing Act 1988. Recently, he acted for tenants involved in allegedly fraudulent tenancy assignment and is currently resisting eviction from social housing on Article 8 grounds.

Cases of Note

Belgium v E [2019] EWHC 2413 (Admin)

Mark secured the discharge of a mother of two in extradition proceedings that considered a flawed interpretation 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.

B v Poland [2016] EWHC 1639 (Admin)

Mark successfully appealed to the High Court, arguing that it would be oppressive to extradite the Requested Person to Poland for offences in 1999 due to the passage of time, under section 14 of the Extradition Act 2003.

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.

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.

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.