Rebecca Hillinstructed by Renata Pinter of Dalton Holmes Grey, successfully appealed their client’s extradition order on the grounds that extradition would be disproportionate with his Article 8 rights and those of his family. The case was before Choudhury J, sitting at the Administrative Court today, 16 March 2022.

One issue was whether the Appellant had originally complied with the terms of his licence, when he was conditionally released from prison. Unusually, Ms Pinter was able to secure evidence from the Polish probation officer which confirmed the Appellant’s account of compliance with the terms of his conditional release. This evidence was in stark contrast to the District Judge’s conclusion that the Appellant had had ‘flagrant disregard’ for the terms of his licence.

Further, Choudhury J, in allowing the appeal accepted the majority jurisprudence of Fordham J in Antochi [2020] EWHC 3092 (Admin) and Sir Ross Cranston in Rybak [2021] EWHC 712 (Admin) that the objective uncertainty resulting from Brexit remains an important factor for judges to consider. Consistent with Miss Hill’s submissions he preferred this line of authorities to the more restrictive approach adopted by Chamberlain J in PinkJudgment to follow when published. 

Rebecca Hill is a leading practitioner in extradition and international crime who has worked at the forefront of this niche area for more than a decade. Rebecca’s significant expertise in human rights and European law complements her public law practice in which she represents individuals in challenges against the State and the Government. She regularly acts in cases of the utmost gravity before all levels of Court including the Divisional and Administrative Court and the European Court of Human Rights. She is ranked in Chambers and Partners and the Legal 500 for Extradition and International Law.