Taylor & Anor v The Prosecutor General’s Office of Florence


Practice Areas


Cases Citation

[2019] EWHC 2938 (Admin)

The two requested persons appealed to the High Court against the decision to order their extradition to Italy. The case concerned the application of section 20 of the Extradition Act 2003 where the requested persons’ conviction in Italy became final following a hearing at the Court of Cassation (the highest court in Italy), at which they were unexpectedly not represented because their Italian lawyers attended a strike.

The requested persons argued that the relevant court for the purposes of section 20(1) was the Court of Cassation; neither of the appellants had been present at the hearing of that court on 18 July 2017; they had not deliberately absented themselves from the hearing; and they would not be entitled in Italy to a retrial or (on appeal) a review amounting to a retrial. In addition, they argued that pursuant to section 21 of the 2003 Act and Article 6 of the ECHR, the District Judge had erred in finding that there had been no flagrant denial of justice.

Hamblen LJ and Lane J sitting in the Divisional Court found that the appellants’ appeal to the Assize Court of Appeal was a full “merits” appeal against both conviction and sentence. However, proceedings in the Court of Cassation were “of a significantly different nature” because “only issues on points of law are examined”.

The Court found that the proceedings in the Court of Cassation did not amount to “the trial resulting in the decision”.

This was because the Court considered that the expression “trial resulting in a decision” in Article 4a(1) means a trial that has the characteristics described in Article 4a(1)(c) of the 2002 Framework Decision on the European arrest warrant and the surrender procedures between Member States, as amended.

The Court also found that there had been no flagrant denial of justice.

Benjamin Seifert represented Alex Foster Taylor, and Emily Wilsdon represented Victoria Foster Taylor, both led by Jonathan Hall QC.

Related Barristers

Benjamin Seifert

Benjamin Seifert
Year of Call: 2007

Emily Wilsdon

Emily Wilsdon
Year of Call: 2011

Close X

Coronavirus Update

TGC continues proactively to safeguard against the risks posed by the spread of Coronavirus. We have a Covid-19 Committee who continue to monitor the situation and follow advice issued by the Government and Public Health England. We will be updating this page as and when new information becomes available. As of 6 July 2020, our London premises, 1 Harcourt Buildings, will be operating with a reduced clerking team in attendance. The remaining staff members and barristers will continue working remotely. We wish to reassure everyone that our contingency plans enable us to continue to provide our services.

Telephoning us

When calling our switchboard number, it will be diverted to a member of the clerking team who will be able to assist in the usual way. All direct dials in Chambers are diverted to be answered remotely.

Emailing us & Sending Instructions

Please send all instructions via email directly to We would be grateful if this could be sent in an orderly fashion to enable working from a screen manageable. We are able to receive hard copy instructions via DX or Post, if necessary. However, we have a preference for electronic documents wherever possible.

Please continue to communicate with barristers directly via phone or email.

Conferences, Joint Settlement Meetings & Mediations

Conferences, meetings and mediations will take place remotely, either by telephone or video until further notice. Group Telephone calls and video calls can be easily arranged. If an in-person meeting is felt necessary please see our Covid-19 Information page for full criteria.

Court Hearings

We are following the Government’s advice closely, which is changing daily. In keeping with that advice, we will continue to service hearings remotely, where possible and as instructed by the hosting Court. In-Person hearings will be accommodated by members of TGC. We will continue to monitor this situation.

Making a payment

If you do not already pay us by BACS, going forward please make arrangements to do so. Please contact the clerks who can supply you with the relevant BACS details.

If you wish to discuss our policy and procedure relating to coronavirus, please do not hesitate to contact our senior clerk Dean Norton on 07535 753098 or

To learn more visit our Covid-19 Information page.