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29 June 2012
Issue: 7520 / Categories: Case law , Law digest , In Court
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Extradition

BH (AP) and another v Lord Advocate and another (Scotland); KAS or H (AP) v Lord Advocate and another (Scotland) [2012] UKSC 24, [2012] All ER (D) 126 (Jun)

The approach adopted to Art 8 rights in extradition cases did not have to be radically different from that adopted in deportation or expulsion cases. The public interest in giving effect to a request for extradition was a constant factor in cases of that kind. Great weight would always have to be given to it, and the more serious the offence the greater would be that weight. The question, so far as the Art 8 right was concerned, was the same in both cases. Even in decisions concerning separation of parents from their children for deportation, detention or imprisonment, the best interests of the child had to be a primary consideration. The starting point was to assess whether the children’s best interests were outweighed by the strength of any other considerations. However, that did not require the decision-taker always to examine the interest of the children at the very

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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