District Judge’s interpretation of Article 8 ECHR “plainly wrong”, as High Court allows appeal against extradition request from Lithuania

22.07.14 | |

Sosik v Prosecutor General, Lithuania [2014] EWHC 2487 (Admin)

 

Mrs Justice Cox DBE clarified the correct test to be applied in assessing whether or not the public interest in favour of extradition will outweigh the impact on innocent family members.  A District Judge was "plainly wrong" and incorrect in applying an exceptionality test and looking for "striking and unusual" features of a case (paragraph 24).  Extradition would constitute a breach of Article 8 ECHR in this case and the appeal was allowed.  

 

Mary Westcott represented the Appellant and was instructed by Oracle Solicitors 

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