Lomas v Republic of South Africa & Anor (No 2) [2024] EWHC 637 (Admin) (20 March 2024)

Lomas v Republic of South Africa & Anor (No 2) [2024] EWHC 637 (Admin) (20 March 2024)

Permission to reopen the appeal is granted for the narrow purpose of revisiting the issue of fitness to fly, as new evidence and urgent circumstances have arisen, procedural safeguards have been met, and there is no alternative effective remedy to avoid injustice.

Citation
[2024] EWHC 637 (Admin)
Parties
Appellant: Michael Lomas; First Respondent: Republic of South Africa; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 March 2024
Procedural Posture
Extradition Appeal / Application to Reopen Appeal Under Crim PR 50.27
Outcome
Permission to reopen appeal granted for limited purpose
Legal Topics
Fitness to Fly, Reopening Appeals, Procedural Safeguards, Article 3 ECHR, Judicial Review
Extradition Administrative Law Human Rights Fitness to Fly Reopening Appeals Procedural Safeguards Article 3 ECHR Judicial Review

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Parties

Michael Lomas

Appellant

Republic of South Africa

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Extradition Appeal / Application to Reopen Appeal Under Crim PR 50.27

Legal Issues

  1. 1 Whether the appeal should be reopened for the limited purpose of revisiting the issue of fitness to fly prior to extradition
  2. 2 Who is responsible for assessing fitness to fly in extradition cases
  3. 3 Whether procedural safeguards under Crim PR 50.27 have been met

Ratio Decidendi

Permission to reopen the appeal is granted for the narrow purpose of revisiting the issue of fitness to fly, as new evidence and urgent circumstances have arisen, procedural safeguards have been met, and there is no alternative effective remedy to avoid injustice.

Court Disposition

Permission to reopen appeal granted for limited purpose

Orders

  • Permission to reopen the appeal is granted for the narrow purpose of revisiting fitness to fly and paragraph 15 of the first judgment.
  • The Home Secretary is joined as a party.