Laura Herbert successful in extradition appeal in the High Court

Laura Herbert successful in extradition appeal in the High Court

 

Laura Herbert, instructed by Magdalena Motyl of Bark and Co, appeared for Patryk Lewicki who’s extradition was sought by Poland. The appeal was heard today in the High Court by Mrs Justice Whipple.

Laura successfully argued that due to the short sentence remaining to be served in Poland that extradition would be a disproportionate breach of the Appellants right to private and family life (Article 8 ECHR).

The Appellant had been an alcoholic and attempted suicide on a number of occasions in Poland, but had managed to turn his life around here in the UK over 6 years. An immigration appeal Judge had refused to deport him for the same offences he was being extradited for because it would so affect his rehabilitation. Although different considerations were at play in extradition proceedings, this and the fact that he would only have 14 days remaining to serve on his Polish sentence made extradition disproportionate. The Judge therefore allowed the appeal and discharged the European Arrest Warrant.