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Media Release - Lukaszewski & Pomiechowski

1. Lukaszewski v The District Court in Torun, Poland
2. Pomiechowski v District Court of Legunica 59-220 Poland
3. Rozanski v Regional Court 3 Penal Department Poland
4. R (on the application of Halligen) vSecretary of State for the Home Department.

Kaim Todner Solicitors are delighted to announce that today, in a landmark judgment, the Supreme Court of the United Kingdom, have allowed our Clients' appeals against a decision of the High Court that it had no jurisdiction to hear their appeals. We represent both the first and second appellants.

This judgment would have prevented the injustice and miscarriage of justice that people such as Garry Mann and Vulnet Mucelli faced when, through no fault of their own, a technical aspect of filing and serving their appeals was not complied with, and they were denied their right of appeal.

In short, the Court found that:

1. A generous view should be taken of the requirement under the Extradition Act that a notice of an appeal be given within the relevant permitted period meant that it had to be filed in the High Court and served on all respondents to the appeal within such period;

2. That it would be disproportionate if the practice followed by the court and the prison legal services department should lead to an appellant losing their right of appeal; and

3. In the case of a UK citizen, the statutory provisions concerning appeals can and should be read as being subject to the qualification that the court must have a discretion in exceptional circumstances to extend time for both filing and service, where such statutory provisions would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process under Article 6(1) of the ECHR.

Supreme Court Judgment: www.supremecourt.gov.uk/docs/UKSC_2011_0177_Judgment.pdf

For further information, please contact Michael Evans, Extradition Manager of Kaim Todner Solicitors, by email to: mevans@kaimtodner.com or by telephone on 020 7353 6660

Wednesday, May 23, 2012

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