Article 8 victory in High Court extradition

In Laskowska v Poland, the High Court (Collins J) today overturned an extradition order on the grounds that it would be a disproportionate interference with the right to family life under Article 8 of the ECHR. Ms Laskowska faced extradition to Poland to serve 6 months imprisonment for 'making her flat available' to another in order that he could divide up 46g of marihuana. David Rhodes representing Ms Laskowska, persuaded the High Court that extradition would be a disproportionate interference with the right to family life of her 2yr 8 month old son, for whom she was the sole carer. This was an offence of no great gravity, committed some 6 years ago, there had been considerable delay in seeking her extradition and she now had a dependant infant child, with no alternative carers, and for whom separation from his mother would have devastating consequences. This is the first case in which the rights of the child was the decisive factor on Article 8 following the Supreme Court judgment in R (HH) v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25. It represents a significant victory for the rights of the child in extradition proceedings.


David Rhodes was instructed by Edward Grange of Hodge Jones and Allen.


Members of the Doughty Street Chambers Extradition Team appearing in R (HH) v Deputy Prosecutor of the Italian Republic, Genoa [2012] UKSC 25 included Edward Fitzgerald QC, Ben Cooper, John RWD Jones, Steven Powles and Caoilfhionn Gallagher.

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