Nemeth v Hungarian Judicial Authorities [2022] EWHC 273 (Admin) (10 February 2022)

Nemeth v Hungarian Judicial Authorities [2022] EWHC 273 (Admin) (10 February 2022)

Permission to appeal was granted to the Requesting State on the money laundering charge against Csaba Nemeth as it was reasonably arguable that the particulars in EAW7 were sufficient under s.2(4)(c) of the Extradition Act 2003. Permission to appeal was refused to Maria Lakatos and Maria Horvath on Article 8 ECHR grounds as the public interest in extradition decisively outweighed the factors against extradition, including updated medical evidence and family circumstances. Adjournment for further medical evidence in Lakatos's case was refused as it would not affect the Article 8 outcome.

Citation
[2022] EWHC 273 (Admin)
Parties
Requested Person: Csaba Nemeth; Requested Person: Maria Lakatos; Requested Person: Maria Horvath; Requesting State: Hungarian Judicial Authorities
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Extradition/appeal / Applications for Permission to Appeal Against Extradition Orders and Discharge
Outcome
Permission to appeal granted to Requesting State on Nemeth money laundering charge; permission to appeal refused to Lakatos and Horvath on Article 8; adjournment refused.
Legal Topics
European Arrest Warrant, Article 8 ECHR, Particularisation Under Extradition Act 2003 S.2(4)(c), Mental Health in Extradition, Specialty Rights, Proportionality in Extradition
Extradition Law Human Rights Law Criminal Law European Arrest Warrant Article 8 ECHR Particularisation Under Extradition Act 2003 S.2(4)(c) Mental Health in Extradition Specialty Rights +1 more

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Parties

Csaba Nemeth

Requested Person

Maria Lakatos

Requested Person

Maria Horvath

Requested Person

Hungarian Judicial Authorities

Requesting State

Procedural Posture

Extradition/appeal / Applications for Permission to Appeal Against Extradition Orders and Discharge

Legal Issues

  1. 1 Whether the particulars in EAW7 for money laundering against Csaba Nemeth satisfy s.2(4)(c) of the Extradition Act 2003
  2. 2 Whether extradition of Maria Lakatos and Maria Horvath is disproportionate under Article 8 ECHR due to health and family circumstances
  3. 3 Whether adjournment should be granted for further medical evidence in Maria Lakatos's case

Ratio Decidendi

Permission to appeal was granted to the Requesting State on the money laundering charge against Csaba Nemeth as it was reasonably arguable that the particulars in EAW7 were sufficient under s.2(4)(c) of the Extradition Act 2003. Permission to appeal was refused to Maria Lakatos and Maria Horvath on Article 8 ECHR grounds as the public interest in extradition decisively outweighed the factors against extradition, including updated medical evidence and family circumstances. Adjournment for further medical evidence in Lakatos's case was refused as it would not affect the Article 8 outcome.

Court Disposition

Permission to appeal granted to Requesting State on Nemeth money laundering charge; permission to appeal refused to Lakatos and Horvath on Article 8; adjournment refused.

Orders

  • Permission to appeal granted to Requesting State on Nemeth money laundering charge (EAW7)
  • Permission to appeal refused to Maria Lakatos on Article 8 ECHR