Zabolotnyi in the Supreme Court: three takeaways and a look to the future

06 May 2021

Last Friday, the Supreme Court promulgated its decision in Zabolotnyi v. The Mateszalka District Court, Hungary [2021] UKSC 14. Lord Lloyd Jones gave the sole judgment. This was significant for three reasons: first, it is the first occasion in which the Supreme Court considered the approach to breach evidence in the context of prison assurances since the European arrest warrant came into force. Second, it reversed principles that the Divisional Court established concerning the admissibility of breach evidence where an assurance was given to a foreign state (Szalai v. the Tribunal of Veszpre, Hungary; Zabolotnyi v. The Mateszalka District Court, Hungary [2019] EWHC 934 (Admin)). Third, at the highest level, it affirmed the strict test for allowing an appeal based on fresh evidence as prescribed in Three Hungarian Judicial Authorities v. Fenyvesi [2009] EWHC 231 (Admin).

Continue reading this article, written by Stefan Hyman, in Crimeline Extradition Hub.