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On 23 September 2021, judgement was handed down in the joined in the cases of Wozniak v the Circuit Court in Gniezno and Wojciech Chlabicz v Regional Court in Bialystok  EWHC 2557 (Admin) in which the Requested Persons argued that their extradition to Poland would breach their right to a fair trial because the rule of law was seriously imperilled there.
Dame Victoria Sharp, P and Knowles J dismissed the appeals holding that, though there was a real risk of a breach of the rule of law in Poland, there was not sufficient evidence to show a risk of the breach of the essence of their right to fair trial in the case of each Requested Person.
Their Lordships did not decide the question of whether the Supreme Court could eventually depart from the CJEU decisions which bound the Divisional Court.
Émilie Pottle acted for Robert Wozniak, and Saoirse Townshend acted for Wojciech Chlabicz. They were both led by Clare Montgomery QC.
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