Grozovs v Kraslava District Court [2012] EWHC 161 (Admin) (31 January 2012)
The appeal is dismissed because the medical evidence could have been obtained with reasonable diligence before the extradition hearing and therefore is inadmissible on appeal; even if admitted, the evidence does not establish that extradition would be oppressive under section 25 of the Extradition Act 2003.
Source-derived case information.
- Citation
- [2012] EWHC 161 (Admin)
- Parties
- Claimant: Viktors Grozovs; Defendant: Kraslava District Court
- Jurisdiction
- England and Wales
- Judgment Date
- 31 January 2012
- Procedural Posture
- Extradition Appeal / Judgment on Appeal Against Extradition Order
- Outcome
- Appeal dismissed
- Legal Topics
- Extradition, Medical Oppression Bar, Admissibility of Evidence, Prison Conditions, Section 25 Extradition Act 2003
Source-derived case record
Summary, issues, holding and outcome
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Parties
Viktors Grozovs
Claimant
Kraslava District Court
Defendant
Procedural Posture
Extradition Appeal / Judgment on Appeal Against Extradition Order
Legal Issues
- 1 Whether extradition would be oppressive due to the claimant's medical condition under section 25 of the Extradition Act 2003
- 2 Whether new medical evidence should be admitted on appeal
Ratio Decidendi
The appeal is dismissed because the medical evidence could have been obtained with reasonable diligence before the extradition hearing and therefore is inadmissible on appeal; even if admitted, the evidence does not establish that extradition would be oppressive under section 25 of the Extradition Act 2003.
Court Disposition
Appeal dismissed
Orders
- Extradition order stands
- Public funding assessment of the appellant's costs
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