England and Wales Case Law

Tomasz Sawicki v Circuit Law Court in Swidnica, Poland

Remand time accrued in the UK extinguished the penalties under AW2, requiring discharge on those warrants. However, the remaining custodial term under AW1 was substantial, and the interference with private and family life did not reach the threshold to outweigh the strong public interest in extradition. The judge's Article 8 conclusion was not wrong.

Source excerpt

• European arrest warrant
• Remand credit
• Multiple offences
• Article 8 echr
• Proportionality
• Fugitivity

Read case analysis

Nikoletta Read v Claudio di Giovanni & Ors

The claimant failed to meet the threshold for interim injunctive relief under s12(3) HRA for misuse of private information, libel, malicious falsehood, and harassment due to insufficient evidence of serious harm, lack of urgency, and delay. The bulk of any damage had already occurred, and there was no real risk of further harm pending trial. Therefore, the application for an interim injunction was refused.

Source excerpt

• Interim injunctions
• Libel
• Misuse of private information
• Malicious falsehood
• Harassment
• Delay

Read case analysis

Grzegorz Gorczyka v Regional Court of Krosno, Poland

The appellant was and remains a fugitive from Polish justice, having knowingly placed himself beyond the reach of the Polish criminal process. The delay in certification, while protracted and unexplained by the NCA, is substantially attributable to the appellant's own conduct. The impact of the electronically monitored curfew is a modest infringement of Article 8 rights and does not attain decisive weight. The interference with private and family life is not exceptionally severe and is outweighed by the strong public interest in extradition, including comity, deterrence, and the rule of law.…

Source excerpt

• Extradition act 2003
• European convention on human rights article 8
• Fugitivity
• Delay
• Curfew
• Proportionality

Read case analysis

Jerzy Maciej Podraza (now Wrzosek) v District Court In Krakow, Poland

High Court extradition appeal dismissed. The court rejected abuse of process and article 8 arguments, holding that the delay and family impact did not outweigh extradition.

• Extradition
• Abuse of process
• Article 8 echr
• Delay in enforcement
• Family life
• Proportionality

Read case analysis

Podraza (now Wrzosek) v District Court In Krakow, Poland

Podraza (now Wrzosek) v District Court In Krakow, Poland [2026] EWHC 380 (Admin) (23 February 2026)

High Court extradition appeal to Poland. The court rejected abuse of process and article 8 ECHR arguments, holding the extradition order proportionate.

• Abuse of process
• Article 8 echr
• Delay in extradition
• Mutual trust
• Proportionality
• Child welfare

Read case analysis

Eunice Amma Asiedu-Baning, R (on the application of) v Nursing and Midwifery Council

Permission for judicial review is refused because the claim was not issued promptly, there is a suitable and more appropriate alternative remedy by statutory appeal, and the relief sought has become academic as the disciplinary proceedings have concluded.

Source excerpt

• Judicial review
• Abuse of process
• Delay
• Alternative remedy
• Disciplinary proceedings

Read case analysis

Asiedu-Baning, R (On the Application Of) v Nursing and Midwifery Council

Asiedu-Baning, R (On the Application Of) v Nursing and Midwifery Council [2025] EWHC 3443 (Admin) (11 December 2025)

The High Court refused renewed permission for judicial review of NMC disciplinary proceedings, holding the claim was not prompt and was overtaken by a statutory appeal.

• Judicial review
• Abuse of process
• Disciplinary proceedings
• Alternative remedy
• Delay
• Stay of proceedings

Read case analysis

LIN v PAR

LIN v PAR [2025] EWFC 401 (21 November 2025)

The Family Court dismissed a late financial remedies claim, holding that a 2001 settlement was valid, implemented, and not undermined by fraud, non-disclosure, or undue pressure.

• Financial remedies
• Clean break agreements
• Non-disclosure
• Delay in applications
• Implementation of financial agreements
• Needs-based claims

Read case analysis

Rafal Mentel v Regional Court of Poznan (Poland)

The District Judge was correct in finding that the factors in favour of extradition outweighed those against; delay was not culpable, curfew had no material effect on Article 8 rights, and the appellant's fugitive status diminished the weight of private interests.

Source excerpt

• Extradition
• Article 8 echr
• Delay
• Curfew
• Proportionality
• Fugitive status

Read case analysis

Surrey County Council v BC

The Court of Appeal held that SCC's professional assessment that BC was not a child in need requiring accommodation under section 20 was not Wednesbury unreasonable. The claim for judicial review was not brought promptly or within the three-month period, and no extension of time was justified. No continuing duty existed to defeat delay. The judge below erred in substituting his own judgment for that of SCC and in finding a statutory duty and breach.

Source excerpt

• Judicial review
• Statutory duty
• Delay
• Children in need
• Accommodation
• Children act 1989

Read case analysis