United Kingdom Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving United Kingdom — Requested and Requesting State

🇬🇧

United Kingdom

United Kingdom Extradition Law & Case Law — 32 cases

17
As requested
state
15
As requesting
state
Case Law
The four-month extradition threshold is assessed by reference to the total sentence imposed, not its individual components (Tobosaru & Tofan v Romania)
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Summary
The High Court dismissed two appeals against extradition orders to Romania and confirmed that, in conviction cases involving multiple offences, the four-month threshold is assessed by reference to the single aggregate, merged or cumulated sentence imposed by the requesting State. The executing court is not required to disaggregate that sentence or determine the portion attributable to each individual offence, even where some underlying conduct does not satisfy double criminality, provided that the specialty principle protects the requested person after surrender. The Court held that Pilecki v Poland remains binding after Brexit and is consistent with both sections 10 and 65 of the Extradition Act 2003 and Article 599 of the EU–UK Trade and Cooperation Agreement. It also rejected the Article 8 challenges and recorded that two non-existent authorities, apparently originating from unverified use of generative artificial intelligence, had been cited in earlier prosecution submissions but had no effect on the appeal.
08/07/2026 · High Court of Justice, King’s Bench Division, Administrative Court · [2026] EWHC 1720 (Admin)
🇬🇧United Kingdom → 🇷🇴Romania
GrantedExtradition
Extradition to Poland and Article 8 ECHR: assistance provided to a former partner does not amount to “familiy life”
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Summary
Regular assistance and emotional support provided to a former partner suffering from mental health issues are insufficient, absent stable de facto family ties, to establish “family life” protected under Article 8 ECHR in extradition proceedings; furthermore, only exceptionally severe interference with private or family life may justify refusal of extradition on proportionality grounds.
06/05/2026 · Appeal Court of the High Court of Justiciary (Scotland) · [2026] HCJAC 15
🇬🇧United Kingdom → 🇵🇱Poland
GrantedExtradition
Extradition to Norway granted: article 8 family life challenge rejected despite child’s special needs
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Summary
The case concerned an appeal against an order for extradition to Norway to serve a sentence of three and a half years’ imprisonment for an aggravated drug offence involving the storage of a large quantity of heroin. The appellant, a Norwegian national with settled status in the United Kingdom, argued that extradition would disproportionately interfere with his and his family’s Article 8 ECHR rights, relying in particular on the serious developmental needs of his youngest child, the health needs of other children, and the practical and emotional burden that would fall on his wife. The High Court admitted fresh evidence concerning the child’s autism diagnosis and the family’s updated circumstances, and carried out a fresh Article 8 balancing exercise. It accepted that extradition would have a serious detrimental impact on the family, especially the youngest child, but held that the public interest in extradition carried very substantial weight because the appellant was a fugitive, had deliberately avoided serving a lengthy sentence, and had been convicted of a serious Class A drugs offence. The appeal was dismissed, although the Court deferred the date on which the extradition order would take effect to allow statutory services time to put support in place for the child.
20/04/2026 · High Court of Justice, King’s Bench Division, Administrative Court · [2026] EWHC 894
🇬🇧United Kingdom → 🇳🇴Norway
GrantedExtradition
Extradition to India: application to reopen appeal refused after sssurances against interrogation
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Summary
The case concerned an application by the requested person to reopen his extradition appeal against surrender to India, following an earlier dismissal of his Article 3 ECHR and health-based objections. He argued that the later judgment in Bhandari v Government of India revealed a real risk of torture or ill-treatment during custodial interrogation by Indian investigative agencies, and that this risk also applied to him because several agencies might seek to question him after extradition. The Divisional Court accepted that, without adequate assurances, the application to reopen would have had considerable force, given the findings in Bhandari concerning the use of proscribed treatment to obtain confessions. However, the Court held that India had provided comprehensive, detailed and reliable assurances that the requested person would not be interrogated by the CBI, the ED or any other investigative agency without prior recourse to the United Kingdom authorities, and that those assurances were given in good faith and were binding at the diplomatic level. Since the assurances were sufficient to remove any real practical risk of interrogation and ill-treatment, the Court refused permission to reopen the extradition appeal.
25/03/2026 · High Court of Justice, King’s Bench Division, Divisional Court · [2026] EWHC 716
🇬🇧United Kingdom → 🇮🇳India
GrantedExtradition
48-year delay in seeking surrender does not in itself constitute an abuse of process
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Summary
The Court of Appeal of Ireland dismissed appeals against the surrender of two requested persons to Northern Ireland under TCA arrest warrants for offences allegedly committed in 1975 and 1976. Addressing a delay of approximately 48 years in seeking surrender, the Court held that poor administration, maladministration or unexplained inactivity by the issuing State does not, in itself, render a surrender request an abuse of process or justify refusal; rather, the executing judicial authority must assess the reasons for and consequences of the delay together with the requested person’s fundamental rights and apply a proportionality test. Abuse of process requires misuse of the surrender mechanism capable of undermining its integrity, such as failure to cooperate with the executing court, false or misleading information, or use of the procedure for an improper purpose, none of which was established in these cases. The Court also held that the requested persons’ family lives, health conditions and long residence in Ireland did not amount to exceptional circumstances capable of outweighing the public interest in surrender for serious historic offences. In respect of one requested person, the Court further held that a 1978 decision refusing extradition under the former political-offence regime did not create a vested right or permanent immunity from surrender following the replacement of that regime by the European Arrest Warrant Act 2003.
16/03/2026 · Court of Appeal of Ireland · [2026] IECA 53
🇮🇪Ireland → 🇬🇧United Kingdom
GrantedOther
Extradition to Ukraine refused: cumulative Article 8 factors outweighed public interest despite assurances
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Summary
The case concerned a request by Ukraine for the extradition of a sitting Ukrainian Member of Parliament to stand trial for alleged violent offences committed in 2022 and 2023. The requested person resisted extradition on several grounds, arguing that the proceedings were politically and religiously motivated, that he had previously been ill-treated by Ukrainian security officers, that the ongoing armed conflict created risks under Articles 2 and 3 ECHR, and that he would face unfair trial, arbitrary detention, religious persecution and oppression due to ill health. The Westminster Magistrates’ Court rejected the objections based on political motivation, Articles 2, 3, 5, 6 and 9 ECHR, ill health and abuse of process, holding in particular that Ukraine’s specific and verifiable assurances were sufficient to neutralise the identified risks. However, the Court accepted that the requested person had previously been subjected to ill-treatment in SBU custody and considered that this, together with his public perception as sympathetic to Russia, the residual risks arising from the armed conflict, his family circumstances, and the comparatively limited seriousness and likely penal consequences of the alleged offences, created an exceptional cumulative picture. The Court therefore held that extradition would amount to a disproportionate interference with private and family life under Article 8 ECHR and ordered discharge under section 87(2) of the Extradition Act 2003.
04/03/2026 · Westminster Magistrates’ Court · The Government of Ukraine v Artem Dmytruk
🇬🇧United Kingdom → 🇺🇦Ukraine
GrantedExtradition
Extradition: identification of the sought person may be inferred from circumstantial evidence
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Summary
The Court of King’s Bench of Alberta ordered the committal of the person sought for extradition to the United Kingdom in connection with historical allegations of physical and sexual abuse of minors. The Court held that the Record of the Case established a prima facie case and that the identity of the person sought as the alleged perpetrator (“Brother Peter”) could be inferred from circumstantial evidence, including employment records, witness descriptions and institutional documents. The defence relied on alibi evidence and discrepancies in employment timelines, but the Court found that such elements merely raised competing inferences and did not render the requesting state’s evidence manifestly unreliable. Issues concerning credibility, identification gaps and potential defences were deemed matters for trial, not for the extradition stage.
18/02/2026 · Court of King’s Bench of Alberta · 2026 ABKB 115
🇨🇦Canada → 🇬🇧United Kingdom
GrantedExtradition
Extradition to USA for bomb attacks linked to animal testing: articles 3 and 6 ECHR challenges rejected
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Summary
The case concerned a request by the United States for the extradition of the requested person to stand trial for several bombing offences allegedly committed in California in 2003 against companies linked to animal testing activities. The defence argued that extradition should be barred because of the risk of prejudice connected to the requested person’s political beliefs, alleged defects in the superseding indictment, and potential violations of Articles 3 and 6 ECHR arising from detention conditions and possible political interference by the current U.S. administration. The Westminster Magistrates’ Court rejected those arguments, holding that the proceedings concerned ordinary violent criminal offences and that there was no concrete evidence of political motivation or improper executive interference. The Court further held that the requested person would benefit from the procedural guarantees of the U.S. federal justice system, including legal representation, independent judicial oversight, and appellate remedies. Extradition was therefore ordered, the Court finding no violation of Articles 3 or 6 ECHR.
06/02/2026 · Westminster Magistrates’ Court · The Government of the United States of America -v- Daniel Andreas San Diego
🇬🇧United Kingdom → 🇺🇸United States
GrantedExtradition
Agreement between the European Union and the United Kingdom and surrender of the defendant for participation in proceedings against him
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Summary
In the matter of an arrest warrant issued by the United Kingdom on the basis of the so-called Partnership Agreement of 24 December 2020, the decision by which the Italian judicial authority, granting a request coming from the foreign authority, orders the surrender of the person for the purposes of participation in the proceedings against him, does not violate the principle of proportionality set out in Article 597 of the Agreement, following an assessment of the seriousness of the facts and of the interests of the victim, in the event that, for the same purposes, procedural options less invasive of personal liberty have been unsuccessfully attempted. (In application of the principle, the Court considered proportionate the surrender of the applicant in order to ensure his physical participation, instead of participation by videoconference, in a trial for sexual abuse, the said person having left Great Britain, while the trial was pending, as soon as he had been released on bail).
28/10/2025 · Italian Supreme Court · 35451/2025
🇮🇹Italy → 🇬🇧United Kingdom
GrantedExtradition
Extradition to Japan: assurances sufficient to address human rights risks and prima facie case established
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Summary
The case concerned appeals by Japan against the discharge of two requested persons whose extradition was sought for prosecution for an alleged robbery in Tokyo. The first-instance judge had found, in one case, that there was no prima facie case and, in both cases, that extradition would be incompatible with Articles 3, 4, 5 and 6 ECHR because of risks arising from Japanese detention conditions, interrogation practices, access to lawyers, compulsory prison labour and the absence of bail during the pre-indictment period. The Divisional Court held that there was sufficient admissible evidence to establish a prima facie case against the first requested person and that the detailed assurances provided by Japan in March 2024, supplemented by further assurances in October 2024, were sufficient in practice to remove the risks identified under Articles 3 and 6 ECHR. It also held that compulsory prison work in Japan fell within work required in the ordinary course of detention under Article 4(3)(a) ECHR, and that the alleged Article 5 issue did not amount to a flagrant breach in the extradition context. The appeals were therefore allowed and the discharge orders were set aside.
29/01/2025 · High Court of Justice, Divisional Court · Government of Japan v Chappell and Wright [2025] EWHC 166
🇬🇧United Kingdom → 🇯🇵Japan
GrantedExtradition
Extradition, nationality discrimination and freedom of expression: leave to appeal conditionally granted in Assange v United States
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Summary
Extradition may be subject to appeal where the requested person establishes an arguable risk of prejudice at trial by reason of nationality, including where such prejudice may affect access to fundamental constitutional protections in the requesting State. In such circumstances, issues under Article 10 ECHR (freedom of expression) may arise, but only insofar as they are consequential upon the risk of discriminatory treatment. Extradition may also be challenged where assurances provided by the requesting State are insufficient, particularly in relation to the death penalty and the rule of specialty, with the court entitled to require further guarantees before determining whether the appeal should proceed. By contrast, the prohibition of extradition for political offences contained in an unincorporated bilateral treaty does not confer directly enforceable rights in domestic law, nor can it operate as an independent bar to extradition under the Extradition Act 2003. The statutory framework constitutes an exhaustive code, and extradition must be ordered unless a specific statutory bar is established. Finally, at the leave stage, the appellate court is not concerned with determining the merits of the grounds, but only with whether they disclose a real prospect that the lower court’s decision was wrong.
26/03/2024 · UK High Court of Justice · AC-2022-LON-001745 and 1746
🇬🇧United Kingdom → 🇺🇸United States
PendingExtradition
Post-Brexit surrender to the United Kingdom upheld under the TCA subject to a life-sentence review guarantee
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Summary
Greek Supreme Court (Areios Pagos) Decision No. 158/2024 – Brief SummaryIn Decision No. 158/2024, the Greek Supreme Court (Areios Pagos) dismissed the appeal of a British national against a decision authorising his surrender to the United Kingdom for prosecution on multiple serious offences, including sexual offences against minors, assault, and threatening behaviour.The Court held that, following Brexit, surrender proceedings between Greece and the United Kingdom are governed exclusively by the EU–UK Trade and Cooperation Agreement (TCA), which replaced both the European Arrest Warrant framework and the 1957 European Convention on Extradition in relations between the UK and EU Member States.The Supreme Court found that the UK arrest warrant complied with all formal and substantive requirements of the TCA, including a sufficiently detailed description of the alleged offences, the applicable legal provisions, and the potential penalties. It emphasised that the executing judicial authority is not required to examine the merits of the criminal accusations but only to verify compliance with the surrender conditions laid down in the Agreement.The Court rejected the appellant's arguments concerning insufficient information, proportionality, statute of limitations, and alleged risks of unfair treatment or inhuman conditions in Scotland. In particular, it held that the limitation defence under Article 601(1)(d) TCA was inapplicable because the alleged offences had been committed abroad by a foreign national and therefore did not fall within Greek criminal jurisdiction, which means that the statutes of limitation under Greek law does not pose a reason to deny extradition request.Finally, the Court concluded that none of the mandatory or optional grounds for refusing surrender under the TCA were applicable. It therefore upheld the execution of the UK arrest warrant, maintained the requested person's detention pending surrender, and ordered him to pay the procedural costs of the appeal.
24/01/2024 · Greek Supreme Court (Areios Pagos) · 158/2024
🇬🇷Greece → 🇬🇧United Kingdom
GrantedExtradition
Extradition to the United Kingdom found inadmissible due to insufficient assurances on detention conditions
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Summary
The case concerned a request for extradition from Germany to the United Kingdom under the EU–UK Trade and Cooperation Agreement, based on a TCA arrest warrant issued by Westminster Magistrates’ Court for alleged drug trafficking and money laundering conspiracies. The requested person objected to extradition on the ground that prison conditions in England and Wales, including overcrowding, staff shortages and violence, could expose him to inhuman or degrading treatment contrary to Article 3 ECHR. The Karlsruhe Higher Regional Court requested specific, binding assurances and detailed information on the prisons in which the requested person would be held, including cell space, occupancy, sanitation, ventilation, outdoor exercise, activities and medical care. The United Kingdom authorities provided only general information and did not identify the specific detention facilities or give the requested guarantees within the deadline set by the Court. As a result, the Court held that it could not be assumed with sufficient certainty that the requested person would be detained in humane conditions, declared extradition currently inadmissible, revoked the TCA extradition warrant and ordered his immediate release.
10/03/2023 · Karlsruhe Higher Regional Court · 301 OAus 1/23
🇩🇪Germany → 🇬🇧United Kingdom
GrantedExtradition
Agreement between the European Union and the United Kingdom and return condition required for italian citizens
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Summary
In the matter of a prosecution arrest warrant issued by the United Kingdom on the basis of the Partnership Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland of 24 December 2020, the optional nature of the condition of return to Italy in order to serve there the sentence eventually imposed, provided for under Article 604, letter b), of the aforementioned Agreement, results in a regime for Italian citizens that is less favourable than that laid down, for the analogous system of surrender under the European arrest warrant, by Article 19, paragraph 1, letter b), of Law No. 69 of 22 April 2005, as amended by Article 17, paragraph 1, of Legislative Decree No. 10 of 2 February 2021; therefore, in the absence of an express different request by the person concerned, the surrender is mandatorily subject to the guarantee of return and the relevant condition, where not contained in the challenged judgment, must be imposed by the Court of Cassation also “ex officio.”
12/12/2022 · Italian Supreme Court · 47704/2022
🇮🇹Italy → 🇬🇧United Kingdom
GrantedExtradition
On the surrender regime for requested persons and the replacement of the European Arrest Warrant following the so-called Brexit
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Summary
Following the withdrawal of the United Kingdom from the European Union, relations between the two—the former having become a third country—are governed by a specific agreement that entered into force on 1 May 2021. Consequently, extradition procedures do not apply where the United Kingdom requests Italy to surrender a person accused of participation in a criminal association aimed at facilitating illegal immigration. In relations between the European Union and the United Kingdom of Great Britain, following the latter’s withdrawal (so-called Brexit), the European Arrest Warrant framework has been replaced—upon the entry into force of the Trade and Cooperation Agreement—by a new model of cooperation with an autonomous legal basis, namely that set out in Title VII of the said Agreement. This model provides for a system of surrender of requested persons substantially modelled on the former regime and, being self-standing, comprehensive and detailed, is directly applicable.
16/09/2021 · Italian Supreme Court · 34466/2021
🇮🇹Italy → 🇬🇧United Kingdom
GrantedExtradition
Extradition to the United Kingdom upheld: non-treaty extradition required a Section 4 notification but procedural irregularity was cured
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Summary
Extradition proceedings---Non-treaty State---Order of Magisterialenquiry---Government of foreign country (United Kingdom), made a request toPakistan for the appellant's extradition for his trial on the charge of murdering eightpersons in the foreign country---Appellant was arrested in Pakistan, and the enquiryMagistrate found that there was a prima facie case against the appellant warranting hisextradition to the foreign country under the provisions of the Extradition Act, 1972---Appellant challenged said order by way of Constitutional petition before the HighCourt, which was dismissed---Held, that an extradition treaty had not been executedbetween Pakistan and the foreign country in question (United Kingdom)---When therewas no extradition treaty between Pakistan and the foreign State, the provisions of theExtradition Act, 1972 could be made applicable for the return of persons to such a nontreaty State provided the requirements of S. 4 of the Extradition Act, 1972 werefulfilled---In the present case, the enquiry Magistrate requested the Ministry of Interiorto issue a notification under S. 4 of the Extradition Act, 1972 along with thenomination of an enquiry Magistrate to conduct an enquiry under S. 7 of the said Act---Ministry of Interior did issue a notification directing that the provisions of the said Actshall have effect in relation to the foreign country with respect to the extradition of theappellant who was wanted on charges of multiple murders---Although the enquiryMagistrate was appointed three days prior to the issuance of the notification under S. 4,but this by itself did not render the entire proceedings before the enquiry Magistrate,coram non judice or unlawful---At best, this was an irregularity which stood curedwhen the notification under S. 4 was issued---Number of documents were exhibited inthe proceedings before the enquiry Magistrate, including the statement of theinvestigating officer of the case---In said statement, the appellant had been specificallyimplicated for conspiracy to commit arson with intent to endanger life and murder ofeight persons---Investigating officer had also made mention of a confession made bythe appellant to a woman about his involvement in the said offence---Additionally theappellant was also implicated by a witness in the case
17/05/2018 · Before Islamabad High Court · I.C.A. No.359 of 2016
🇵🇰Pakistan → 🇬🇧United Kingdom
GrantedExtradition
Article 8 and children’s best interest in extradition: family life may bar surrender only after a strict proportionality assessment
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Summary
SUMMARY (English) The case concerned three joined European Arrest Warrant appeals in which the requested persons resisted extradition on the basis that surrender would disproportionately interfere with the Article 8 ECHR rights of their dependent children. The Supreme Court clarified that, although there is a constant and weighty public interest in extradition, there is no separate test of exceptionality and the court must carefully assess the actual impact of extradition on family life. Children’s best interests must be treated as a primary consideration, but they are not paramount and may be outweighed by the public interest in extradition, particularly where the offences are serious. On the facts, the Court allowed the appeal of the Polish mother, whose extradition for relatively minor and old dishonesty offences would cause severe harm to her youngest children. By contrast, the appeals of the parents sought by Italy for serious drug-trafficking offences were dismissed, the mother unanimously and the father by majority, because the public interest in extradition outweighed the Article 8 interference.
20/06/2012 · Supreme Court of the United Kingdom · [2012] UKSC 25
🇬🇧United Kingdom → 🇮🇹Italy
GrantedExtradition
Country Contributor
Edward Grange
Corker Binning
Edward Grange is regarded as one of the leading extradition lawyers in the UK, advising on complex, high-stakes extradition, international criminal, and serious criminal matters.
He is recognised as a Star Individual for Crime: Extradition in Chambers UK 2026, where he is described as “a fantastic extradition lawyer – the best of the best.”
He is widely recognised for advising individuals in complex, sensitive, and often high-profile cases with significant international dimensions. With over 18 years’ specialist experience, he has advised and represented individuals facing extradition to jurisdictions across the world and has an exceptional track record in successfully resisting extradition requests. His work includes defeating requests from the United States, Russia, India, and the United Arab Emirates. He has conducted hundreds of extradition cases arising from almost every EU member state and was a member of the legal team advising Julian Assange.
His extradition expertise places Edward at the forefront of legal challenges involving INTERPOL. He regularly advises individuals who are subject to, or at risk of becoming subject to, INTERPOL Red Notices and diffusion requests. He has successfully made representations to the Commission for the Control of INTERPOL’s Files (CCF) securing the deletion of Red Notices and, in pre-emptive cases, preventing notices from being issued altogether.
Edward is an experienced criminal defence lawyer with a career spanning all stages of the criminal process, from police station representation through to contested trials. His criminal litigation practice covers the full spectrum of serious criminal allegations, including complex fraud, serious sexual offences, and offences involving serious violence. He has particular expertise in representing children and young people accused of grave criminal conduct, having spent many years practising extensively in the London Youth Courts. He also advises on road traffic offences, from regulatory matters through to allegations of causing death by dangerous driving.
Edward is the co-author of Extradition Law: A Practitioner’s Guide (Legal Action Group, 3rd edition, 2021), the leading practitioner text on the subject. He is the co-founder and former Chair of the Defence Extradition Lawyers Forum and was elected to the Advisory Board of the European Criminal Bar Association in October 2024. He has given expert evidence before the House of Lords Select Committee on Extradition, with his evidence featuring extensively in its final report. Edward is also a regular commentator in the national and international media on extradition law and cross-border criminal justice
Edward is the co-host of Corker Binning’s podcast, Full Comment, where he discusses developments in criminal law, extradition, and cross-border investigations.
Country Contributor
Rebecca Niblock
Kingsley Napley
Rebecca specialises in extradition and cross-border criminal matters. She advises individuals, families and family offices facing complex criminal investigations, extradition proceedings and cross-border enforcement action with an international dimension.
Her practice focuses on extradition, INTERPOL and mutual legal assistance (MLA) requests, as well as wider cross-border enforcement issues. Many of her cases involve sensitive issues and require careful coordination across multiple jurisdictions, often alongside reputational or political considerations. Her work frequently involves matters where criminal proceedings intersect with reputational, political or diplomatic considerations.
Rebecca also represents clients in serious and complex financial crime matters, including allegations of fraud, bribery and corruption, and in investigations conducted by agencies such as the Serious Fraud Office and Financial Conduct Authority. She is particularly experienced in cases involving parallel proceedings or competing enforcement interests in different jurisdictions.
She has extensive experience acting in extradition cases involving requests from the United States, EU member states, India and jurisdictions across the Middle East and the CIS. She regularly leads high-stakes matters raising complex issues of international law, human rights and abuse of process.
Rebecca works closely with private client advisers, trustees and reputation specialists when managing cross-border criminal risk for individuals and families.
She is ranked as a Star Individual for Extradition by Chambers and Partners and as a Leading Partner in Legal 500.
Rebecca is co-author of Extradition Law: A Practitioner’s Guide, one of the leading texts in the field, and contributes regularly to legal and policy discussions on cross-border criminal enforcement.
She holds a PhD in the History of Art from the University of Bristol.
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