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Category: Extradition

Crime Extradition General International Public and civil law

Making applications to the ECtHR: clearing the admissibility hurdle

Melanie CumberlandPosted on 19th July 2018 by Melanie Cumberland and Miranda Hill
Around 95% of applications to the European Court of Human Rights are declared inadmissible or struck out without substantive consideration on their merits. This may be because an application is...
Extradition General

Mutual trust: 20-year anniversary

Ben LloydPosted on 24th May 2018 by Ben Lloyd
Mutual trust and recognition has been the foundation of European judicial cooperation for 20 years. Having been raised during the Presidency Conclusions of the Cardiff European Council in June 1998,...
Crime Extradition General International

The Brexit Transition Agreement – What it Means for Criminal Justice Cooperation

Rosemary DavidsonPosted on 8th April 2018 by Rosemary Davidson and Martyn Bowyer
On 19 March 2018, the EU and the UK agreed the terms of a transition period (referred to by the UK as ‘an implementation period’) that will extend the time...
Extradition

The Forum Bar – a new lease of life?

Ben LloydPosted on 6th February 2018 by Ben Lloyd
Yesterday Lauri Love won a famous victory in his on-going fight to resist extradition to the United States. In allowing his appeal, the High Court has breathed new life into...
Corporate crime Crime Extradition General Regulatory

Righting another ‘wrong turn’? Dishonesty in Ivey v Genting: Part II

Katherine HardcastlePosted on 10th December 2017 by Katherine Hardcastle
In this second of two posts (the first can be found here), the criticism of the Ghosh test is considered, together with a brief outline of the concept of dishonesty...
Corporate crime Crime Extradition General Regulatory

Righting another ‘wrong turn’? Dishonesty in Ivey v Genting: Part I

Katherine HardcastlePosted on 7th December 2017 by Katherine Hardcastle
This blog has previously featured a summary of the landmark judgment in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67 and a post examining the dishonesty test now to be applied in criminal...
Corporate crime Crime Extradition General Regulatory

How now to spot dishonesty

Duncan Atkinson QCPosted on 26th November 2017 by Duncan Atkinson QC and Alistair Richardson
What place a defendant’s state of mind following the Supreme Court decision in Ivey v Genting [2017] UKSC 67? (more…)
Corporate crime Crime Extradition General

Co-operating after Brexit — what’s the future for security, law enforcement and criminal justice?

Rosemary DavidsonPosted on 15th November 2017 by Rosemary Davidson
The Government’s paper ‘Security, law enforcement and criminal justice: a future partnership paper’ suggests that the intention is to maintain a similar level of co-operation with the EU following Brexit....
Extradition

A relativist approach to prison conditions in extradition cases?

Duncan Penny QCPosted on 8th November 2017 by Duncan Penny QC and Richard Evans
The High Court has recently suggested, in Serra v Paraguay [2017] EWHC 2300 (Admin), that there could be a different approach to the assessment of prison conditions in requesting states...
Corporate crime Crime Extradition International

An overview of the Criminal Justice (European Investigation Order) Regulations 2017

Rosemary DavidsonPosted on 2nd October 2017 by Rosemary Davidson
The Government has published the Criminal Justice (European Investigation Order) Regulations 2017 (‘the Regulations’) which will come into force on 31 July 2017. The Regulations significantly enhance the ability of...

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