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Nicholas Chapman appeared on behalf of the Home Secretary in her successful appeal to the Court of Appeal in this leading case concerning the circumstances in which a court can reject a foreign government’s assurances of humane treatment following extradition.
Judgment in this high-profile case, which concerns the extradition to Kenya of the well-known businessman Yagnesh Devani in connection with the “Triton Oil scandal”, was handed down today.
The Court of Appeal (Underhill V-P, Nicola Davies and Males LJJ) allowed the Secretary of State’s appeal on all grounds. In doing so, it providing leading guidance as to the very high evidential threshold for disbelieving assurances given by a requesting state. It set aside the decisions of the Upper Tribunal and First-tier Tribunal, finding that Mr Devani’s human rights would not be breached upon extradition to Kenya.
The Court of Appeal also overturned established authority concerning the slip rule in the Tribunal system, and invited the Tribunal Procedure Committee to reconsider aspects of the Upper Tribunal Rules.
The judgment can be viewed here.