In a judgment handed down on Friday, 12 June 2020, by the Divisional Court, Lord Justice Holroyde and Mr Justice William Davis refused an appeal against the discharge on forum grounds secured by David Williams in the case of McDaid.

In a judgment handed down on Friday, 12 June 2020, by the Divisional Court, Lord Justice Holroyde and Mr Justice William Davis refused an appeal against the discharge on forum grounds secured by David Williams in the case of McDaid.

Sought by the Government of the United States of America in relation to an incident of ‘swatting’, David successfully argued that extradition would not be in the interests of justice when applying the forum bar contained in Section 83A Extradition Act 2003.  The Requested Person was a young and vulnerable British national sought for conduct alleged to have taken place in the UK.  

In considering the application of the Forum bar by the District Judge, the Court found she made appropriate conclusions on the basis of evidence and argument before her.  Furthermore they rejected criticism that the Judge had applied the incorrect test, or that her overall decision would have been affected given the weight of statutory factor (g), the Requested Person’s connection to the UK, as defined in Love and Scott.

This is David’s second discharge secured in recent instructions relating to requests from the USA. In the appeal David was led by Edward Fitzgerald QC.

David was instructed by Jas Thiara, Head of Criminal Litigation at Alsters Kelley Solicitors.

David practices in Extradition, Human Rights, Public Law, Sports Law / Regulation and Criminal Defence. He has extensive experience of proceedings before the Criminal, Administrative and Divisional Courts, encompassing appellate work in Crime (CofA and Case Stated), as well as in extradition proceedings and judicial review, with particular expertise in European prison conditions. He is ranked in Chambers and Partners and the Legal 500 in the field of Extradition and International (London Bar).