Zabolotnyi in the Supreme Court: three takeaways and a look to the future06 May 2021
Last Friday, the Supreme Court promulgated its decision in Zabolotnyi v. The Mateszalka District Court, Hungary  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  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  EWHC 231 (Admin).