Kowalski, R (On the Application Of) v Judicial Authority Poland [2011] EWHC 942 (Admin) (22 February 2011)

There is no evidence that extradition would be unjust, oppressive, or a breach of Article 8 ECHR or that Poland cannot provide adequate medical treatment; the grounds of appeal are without substance and the appeal is dismissed.

Citation: [2011] EWHC 942 (Admin)
Parties: Claimant: Kowalski; Defendant: Judicial Authority Poland
Jurisdiction: England and Wales
Judgment Date: 22 February 2011
Procedural Posture: Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome: Appeal dismissed
Legal Topics: Extradition, European Arrest Warrant, Article 8 ECHR, Medical Treatment in Prison, Passage of Time as Bar to Extradition

Criminal Law Extradition Law Human Rights Law Extradition European Arrest Warrant Article 8 ECHR Medical Treatment in Prison Passage of Time as Bar to Extradition

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Parties

Kowalski

Claimant

Judicial Authority Poland

Defendant

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

1 Whether extradition would be unjust or oppressive due to passage of time
2 Whether extradition would breach Article 8 ECHR (right to family life)
3 Whether extradition would breach human rights due to medical condition

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Extradition order affirmed
Appellant to be surrendered to Polish authorities