Ben Joyes successfully resists extradition in Poland v K

In an extemporary judgment handed down on 1 August 2022, District Judge Sternberg (DJ), sitting at Westminster Magistrates’ Court, refused to order the extradition of Mr K, a Polish national. Poland sought Mr K’s surrender in respect of a forgery offence that occurred in 1999. Notably, despite an explicit finding that Mr K was fugitive, the DJ held that the Polish authorities were responsible for the “lengthy culpable delay” that preceded the issuance of the extradition request in 2019. The DJ concluded that the issuing State “did not pursue extradition with diligence”. Mr K was ultimately discharged on the basis that his extradition would represent a disproportionate interference with his rights under Article 8 ECHR.

Mr K was represented by Ben Joyes of Chambers’ extradition team. Ben was instructed by Giovanna Fiorentina and Lawrence and Co Solicitors.