Ostrowski v Polish Judicial Authority

Ostrowski v Polish Judicial Authority

There is no realistic prospect that the court, even on a fresh article 8 proportionality assessment, would find the District Judge's decision to extradite was wrong, given the seriousness of the offending, the appellant's fugitive status, and the weight already given to family circumstances; permission to appeal on...

Source-derived case information.

Parties
Appellant: Grzegorz Ostrowski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
25 August 2020
Procedural Posture
Extradition Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal on article 8 refused; permission to amend grounds to add Wozniak point granted; proceedings on new ground stayed
Legal Topics
Extradition, European Arrest Warrant, Article 8 ECHR, Judicial Authority Under Extradition Act 2003
Criminal Law Extradition Law Human Rights Law Extradition European Arrest Warrant Article 8 ECHR Judicial Authority Under Extradition Act 2003

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Parties

Grzegorz Ostrowski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the District Judge erred in the article 8 ECHR proportionality assessment when ordering extradition
  2. 2 Whether the appellant should be permitted to amend grounds of appeal to raise the Wozniak judicial authority point and stay proceedings

Ratio Decidendi

There is no realistic prospect that the court, even on a fresh article 8 proportionality assessment, would find the District Judge's decision to extradite was wrong, given the seriousness of the offending, the appellant's fugitive status, and the weight already given to family circumstances; permission to appeal on article 8 is refused. Permission to amend grounds to add the Wozniak judicial authority point is granted, and proceedings on that ground are stayed pending the Divisional Court's decision in Wozniak and Chlabicz.

Court Disposition

permission to appeal on article 8 refused; permission to amend grounds to add Wozniak point granted; proceedings on new ground stayed

Orders

  • Permission to appeal on article 8 ground refused.
  • Permission to amend grounds of appeal to add Wozniak judicial authority point granted, with extension of time.