Chmura v Poland [2013] EWHC 3896 (Admin)

Natasha Draycott was instructed by Martha Baselga Duran from Kaim Todner Solicitors for the Appellant, Damian Chmura.

It was found to be disproportionate to return an Appellant for an offence of theft of railway track bars which took place in 2005. The Appellant was a fugitive who had no partner or children but Ouseley J acknowledged the importance of his right to a private life and that fact that he had friends and employment in the UK. He also took into account the delay in issuing the European Arrest Warrant and the fact that the he has served half of his sentence. This case follows Poland v Sobieraj [2013] EWHC 2450 (Admin) where Natasha also represented the Appellant (instructed by Kaim Todner). This was the first appeal to be allowed on Article 8 grounds where the Appellant was a fugitive and had a partner but no children.