Cook v Spain & Anor [2005] EWHC 1388 (Admin) (20 June 2005)

Cook v Spain & Anor [2005] EWHC 1388 (Admin) (20 June 2005)

The applicant failed to demonstrate, on the balance of probabilities, that the passage of time or any alleged bad faith rendered his extradition unjust or oppressive under section 11(3) of the Extradition Act 1989; mere delay without evidence of prejudice or hardship is insufficient.

Citation
[2005] EWHC 1388 (Admin)
Parties
Claimant: David Charles Cook; 1st Defendant: The Government of Spain; 2nd Defendant: The Governor of HMP Brixton
Jurisdiction
England and Wales
Judgment Date
20 June 2005
Procedural Posture
Application for Habeas Corpus (extradition) / Judgment on Application
Outcome
Application refused
Legal Topics
Extradition, Habeas Corpus, Unjust or Oppressive Return, Passage of Time, Good Faith in Extradition
Criminal Law Extradition Law Human Rights Extradition Habeas Corpus Unjust or Oppressive Return Passage of Time Good Faith in Extradition

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Parties

David Charles Cook

Claimant

The Government of Spain

1st Defendant

The Governor of HMP Brixton

2nd Defendant

Procedural Posture

Application for Habeas Corpus (extradition) / Judgment on Application

Legal Issues

  1. 1 Whether the applicant's extradition would be unjust or oppressive due to the passage of time under section 11(3) of the Extradition Act 1989
  2. 2 Whether the accusation against the applicant was made in good faith in the interests of justice

Ratio Decidendi

The applicant failed to demonstrate, on the balance of probabilities, that the passage of time or any alleged bad faith rendered his extradition unjust or oppressive under section 11(3) of the Extradition Act 1989; mere delay without evidence of prejudice or hardship is insufficient.

Court Disposition

Application refused

Orders

  • Application for habeas corpus dismissed
  • Applicant to be returned to Spain in accordance with the extradition request