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Decision in Mallya extradition appeal

Related Member(s):
Mark Summers QC, Clare Montgomery QC
Related Practice Area(s):
Extradition and Mutual Assistance, Crime and Regulatory Law

Mallya was the controlling director of Kingfisher Airways (‘KFA’) and controlled a large group of companies, United Breweries Group (‘UB’) of which KFA was a part. UB expanded into over 20 countries. In 2003, Mallya formed KFA and was its CEO. Between 2008 – 2009, KFA sought substantial loans from Indian banks. KFA approached the Industrial Development Bank of India. The Government of India later sought the extradition of Mallya, alleging that the loans were obtained by means of a conspiracy to defraud and by means of fraudulent misrepresentations.

Mallya appealed against a decision of a Senior District Judge sitting at Westminister Magistrates Court. The Court dismissed the appeal. It held, inter alia, that the SDJ hadn’t misunderstood the role of an extradition court or misdirected herself. The SDJ considered a vast amount of evidence, from both sides. She was fully aware of the burden and standard of proof which must govern any eventual trial. The SDJ was entitled to find a prima facie case of fraud by false representation, a case of conspiracy to defraud and a prima facie case of money laundering.

Clare Montgomery QC and Mark Summers QC were involved in this case.

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