Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
CC had originally been arrested on 9 August 2021 and had appealed a decision of another judge to order his surrender, finding that extradition would be in accordance with his Article 8 ECHR right to a private and family life despite noting that he would not have been sent to prison for driving with excess alcohol.
During the earlier proceedings he and his partner had had a child and he was the sole earner in the family.
In discharging him under Article 8 District Judge King found that it would be disproportionate to order his extradition after the further passage of 19 months since the earlier decision. He took into account the disparity of sentencing between such offences being committed in the UK and in Romania and was satisfied that this was “a rare and exceptional case where the effect of extradition on [the child] would be disproportionate, even taken account of the fact that she would not be left without a primary carer with whom she is familiar.” Benjamin was instructed by Elena Jacobs of Coomber Rich.
A copy of the judgement can be found here.