Stefan represented a Poland judicial authority in the High Court as a respondent to an extradition appeal. At permission stage, a single judge granted the appellant permission to appeal on forum and, at the same time, refused the respondent’s application to introduce further information addressing the bar. At the appeal hearing, the respondent re-applied to introduce the further information advancing that the single judge’s decision (i) was not res judicata and (ii) was wrong on the facts and in law.
Morris J accepted the argument that the rules governing extradition appeals permit a party adjudication at an oral hearing save where expressly prohibited. This meant that the respondent could re-apply to admit the further information since admissibility of evidence was not a case management decision. Whilst Morris J did not find the single judge’s decision unreasonable, on fresh consideration, he reached the opposite conclusion on admissibility and dismissed the appeal.
The decision is important for appellants and respondents alike in respect of the general right for applications to be reviewed an oral hearing.
The full judgment in Paczkowski v Poland [2023] EWHC 1489 (Admin) is available here.
Stefan is part of 9BR’s Extradition & Interpol team. He was instructed by the Crown Prosecution Service’s Extradition Unit.
