Mark Summers QC, leading Florence Iveson, of Matrix Chambers, as well as Benjamin Joyes and Stefan Hyman of 9 Bedford Row, successfully defended a first instance judgment discharging 3 requested persons wanted for serious offending, after Greek Authorities failed to provide a sufficient prison conditions assurance within a reasonable time. The judgment of Popplewell LJ and Cavanagh J, handed down today, clarifies the approach to be taken to appeals which turn on a challenge to a case management decision and to assurances supplied for the first time on appeal. The Divisional Court held that a challenge to a case management decision which results in discharge need not be brought by judicial review but that the same standard of review is to be applied in a statutory appeal. The Court upheld the District Judge’s decision not to adjourn for an assurance and refused to admit an assurance served on appeal where there had been an unexplained failure to provide one for a number months at first instance, after a concession had properly been made that an assurance relating to Article 3 ECHR was required.
The Divisional Court’s judgment can be found here: