Hajda v Polish Judicial Authority [2012] EWHC 3983 (Admin) (19 December 2012)

Hajda v Polish Judicial Authority [2012] EWHC 3983 (Admin) (19 December 2012)

The European Arrest Warrant, despite clerical errors, was sufficiently clear to meet statutory requirements; the Article 8 claim was unfounded and no fresh evidence was admissible.

Source-derived case information.

Citation
[2012] EWHC 3983 (Admin)
Parties
Claimant: Hajda; Defendant: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
19 December 2012
Procedural Posture
Extradition Appeal / Judgment on Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Article 8 ECHR, Extradition Act Compliance, Clerical Error in Warrants
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Article 8 ECHR Extradition Act Compliance Clerical Error in Warrants

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hajda

Claimant

Polish Judicial Authority

Defendant

Procedural Posture

Extradition Appeal / Judgment on Appeal Against Extradition Order

Legal Issues

  1. 1 Whether the European Arrest Warrant (EAW) was ambiguous or defective under the Extradition Act
  2. 2 Whether Article 8 ECHR rights preclude extradition

Ratio Decidendi

The European Arrest Warrant, despite clerical errors, was sufficiently clear to meet statutory requirements; the Article 8 claim was unfounded and no fresh evidence was admissible.

Court Disposition

Appeal dismissed

Orders

  • Extradition order stands
  • Detailed assessment granted to claimant's counsel