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England and Wales Case Law

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Immigration law

Isabel Suescan Duarte v The Secretary of State for the Home Department

The Tribunal allowed Ms Suescan Duarte’s appeal on human rights grounds, finding no Article 3 medical claim, but holding that Article 8 was met because return to the US would create very significant reintegration obstacles.

  • Article 3 echr medical claim
  • Article 8 echr private and family life
  • Appendix private life
  • Very significant obstacles to integration
  • Fee award
  • Article-8-ehcr
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Criminal law

Wozniak v District Court In Gniezno, Poland (Rev 1)

Permission to appeal was granted on the extradition “judicial authority” issue and refused on Article 8. The court found the former was reasonably arguable, but not the latter.

  • Judicial authority under extradition act 2003
  • European arrest warrant
  • Judicial independence
  • Article 6 echr fair trial rights
  • Article 8 echr private and family life
  • Eu law – teu article 7
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Extradition law [2020] EWHC 1459 (Admin)

Wozniak v District Court In Gniezno, Poland (Rev 1)

Wozniak v District Court In Gniezno, Poland (Rev 1) [2020] EWHC 1459 (Admin) (05 June 2020)

Permission to appeal was granted on whether recent Polish legal changes could undermine “judicial authority” in an extradition case, but refused on the Article 8 challenge.

  • Judicial authority under extradition act 2003
  • Article 6 echr fair trial rights
  • Article 8 echr private and family life
  • Rule of law and judicial independence
  • European arrest warrant (eaw)
  • Teu article 7 procedure
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.