Taylor v Governor of Wandsworth Prison & Ors

May 23, 2009 | No Comments

The applicant, charged with fraud, applied under the CPR r 52.17 to reopen a determination by the Divisional Court to send his case to the SSHD to consider a request for extradition to the United States. The applicant submitted that the worsening of his chronic heart condition which rendered him unfit to travel and gave him a life expectancy of 6 months down from 5 years meant that his extradition would breach his convention rights. It was held that the jurisdiction to reopen a case was a residual one to be used only in exceptional circumstances and that in the present case the correct procedure was for the applicant to make representations to the Secretary of State.

[2009] EWHC 1020 (Admin)

Report here: Taylor v Governor of Wandsworth Prison (51)

Art. 03 Prohibition of Torture, Art. 08 Right to Private and Family Life, Extradition Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.