On Friday 18 January 2013 the Divisional Court of Lord Justice Laws and Mr Justice Hinkinbottom allowed the extradition appeal of Igor Lutsyuk who was sough by Ukraine, against the decision of Westminster Magistrates’ Court to send his case to the Secretary of State. The landmark judgment found that on the evidence before the court Ukrainian prisons breached Article 3 ECHR. However the court also found that immigration country guidance cases should be used as the starting point in extradition cases and ruled that assurances from foreign governments should be dealt with by reference to Othman(Abu Qatada) v UK. David Josse Q.C. and Ben Keith were instructed by Lawrence and Co.