Extradition - High Court has jurisdiction to review costs imposed at first instance

Kate O’Raghallaigh has secured a significant legal ruling on the ability of the High Court to review costs in extradition proceedings. In Krzyzstof Skraba v Regional Court in Nowy Sacz Poland [2014] EWHC 2193 (Admin), Kate argued that the High Court had jurisdiction to review costs imposed by District Judges when dismissing a statutory appeal under s.26 of the Extradition Act 2003. That argument was advanced following the introduction of CPS policy in January in 2014 to apply for costs against requested persons in extradition proceedings, and the generally understood position that costs were only amenable to challenge by way of judicial review. In a lengthy judgment handed down today, Mr Justice King accepted that the High Court has jurisdiction to review costs imposed at first instance under s.60(3) of the Extradition Act 2003, in line with the approach taken by the Divisional Court in Hamilton-Johnson v RSPCA [2000] 2 Cr.App.R.(S) 390. The ruling marks an important development in extradition law and practice.

 

Kate was instructed by Lansbury Worthington Solicitors.

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