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24 January 2025 / George Hepburne Scott
Issue: 8101 / Categories: Features , Extradition , Criminal
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Stepping into a foreign judge’s shoes?

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To what extent can an English extradition court take account of the prospect of early release overseas? George Hepburne Scott calls for clarity
  • Recent High Court extradition appeal decisions have considered the prospective application of discretionary early release in foreign jurisdictions and the impact this can or ought to have upon the weight to be attached to the public interest in extradition in the cases under consideration.
  • There has been an apparent lack of consensus among High Court judges on this issue, such that a test case has now been granted permission to appeal to the Supreme Court.

An interesting aspect of extradition law is the consideration of the legal systems of foreign jurisdictions. This is most frequently done by reference to the dual-criminality test under ss 64 and 65 of the Extradition Act 2003—whereby the conduct for which extradition is sought (either through an accusation or a conviction) must also constitute a crime in England and Wales (‘the conduct test’).

However, other considerations of

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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