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18 July 2013
Issue: 7569 / Categories: Case law , Law digest , In Court
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Extradition

Kapri v The Lord Advocate representing The Government of the Republic of Albania [2013] UKSC 48, [2013] All ER (D) 123 (Jul)

It was established law that the threshold test for determining whether extradition would be compatible with the appellant’s convention rights required a flagrant breach of the relevant right, such as would completely deny or nullify the right in the destination country. Systemic corruption in a judicial system affected everyone who was subjected to it. No tribunal that operated within it could be relied upon to be independent and impartial. It was impossible to say that any individual who was returned to such a system would receive that most fundamental of all the rights provided for by Art 6 of the Convention, which was the right to a fair trial.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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