The Government of the United States of America v Michael Richard Lynch (2021)
A judge at Westminster Magistrates’ Court has ruled that British businessman Mike Lynch, the former CEO of Autonomy plc, should be extradited to the US to face criminal fraud charges. Autonomy plc was acquired by Hewlett Packard, and Mr Lynch faces charges including securities fraud relating to the $11 billion acquisition. The judge refused Mr […]
High Court decides applicable law in claim against UK Government concerning claimant detained in CIA ‘black sites’
Husayn (Zubaydah) v The Foreign And Commonwealth Office & Ors  EWHC 331 (QB)
The claimant is suing for damages for alleged torts committed by the UK Government. A declaration under s.6 of the Justice and Security Act 2013 that these were proceedings where there could be closed material was made by consent. The claimant is held by the United States as a detainee in Guantanamo Bay, Cuba. He […]
Supreme Court decides that section 2(3) Criminal Justice Act 1987 cannot require foreigner to produce material held overseas
R (on the application of KBR, Inc) v Director of the Serious Fraud Office  UKSC 2
KBR Inc is a parent company incorporated in the United States of America. KBR Inc does not have a fixed place of business in the UK, but it does have UK subsidiaries, including Kellogg Brown & Root Ltd (“KBR Ltd”). The Serious Fraud Office commenced a criminal investigation into, amongst others, KBR Ltd, concerning suspected […]
United States Of America v Assange  EW Misc 1 (MagC)
A UK judge has ruled that the Wikileaks founder, Julian Assange, cannot be extradited to the United States of America to face charges of espionage, following concerns over his mental health and risk of suicide. Prosecutors in the USA accused Assange of helping US defence analyst Chelsea Manning breach the US Espionage Act, and of […]
Home Department permitted to provide material relating to alleged terrorist to US Government, under Mutual Legal Assistance
R (on the application of Elgizouli) v The Secretary of State for the Home Department  EWHC 2516 (Admin)
The Divisional Court has handed down a judgment in a case involving a challenge to a decision of the Secretary of State for the Home Department to provide material to the US Government, pursuant to a request for Mutual Legal Assistance (‘MLA’).
MLA is a method of cooperation between states for obtaining assistance in the investigation or prosecution of criminal offences. In this case, the requested material related to the alleged terrorist activities of the claimant’s son, Shafee El Sheikh.
The principal issues for determination were whether the decision to provide MLA was compatible with the Data Protection Act 2018 and whether the decision was irrational. In particular, the issue was whether it was strictly necessary and proportionate to transfer personal data to a third country in support of a foreign prosecution in circumstances in which the Crown Prosecution Service had decided that there was sufficient evidence to prosecute Mr El Sheikh in this jurisdiction.
Held: the Divisional Court refused permission to apply for judicial review. The Court considered that the prospect of a domestic prosecution was not relevant to the question of whether it was necessary and proportionate to transfer data to a third country, and that it was not arguably irrational for the Secretary of State to fail to have regard to such a prospect in deciding to provide MLA.