Kathryn Howarth is recognised as a leading junior in extradition in both Chambers & Partners and in the Legal 500, in which she was recently described as a ‘quiet superstar’ and as ‘persuasive in her advocacy and drafting, with the ability to present complex arguments in a straightforward manner’. She has successfully represented numerous clients over the years, securing their discharge from extradition proceedings at Westminster Magistrates’ Court and on appeal before the Administrative Court. Kathryn has been instructed in some of the leading cases before Divisional Courts in relation to the Extradition Act 2003. She is currently instructed in several complex cases, involving issues such as the compatibility with Article 3 ECHR of life sentences without parole, and extradition requests concerning historic war crimes allegations. She is a contributing author in the textbook ‘A Practical Guide to Extradition Law Post-Brexit’ (Law Brief Publishing).
Her most notable cases include:
Featured Extradition & Interpol cases
Brazil v Charlenne Savergnini
Ms Savergnini ran a travel agency in Brazil but has been convicted of operating it not only as a travel agency but also an illegal ‘bureau de change’ and of fraudulently taking money from clients by operating an illegal investment scheme. She fled Brazil, leaving her clients seriously out of pocket. The case attracted significant media attention in Brazil. She was discharged by the Senior District Judge at Westminster Magistrates’ Court who had concerns about the conditions she would be detained in prison in Brazil. This is the first case to look at conditions in women’s prisons in Brazil.
Adel Badie v Secretary of State for Home Department
This is the first case concerning an order for extradition to Kuwait, following the agreement of an Extradition Treaty between Kuwait and the United Kingdom in 2021. Partly because it is the first extradition case involving this jurisdiction it has thrown up a series of significant legal issues. There is currently an application to appeal against the decision of the District Judge, as well as the decision of the Secretary of State to order extradition. Kathryn is instructed to act on behalf of the Secretary of State in the appeal proceedings in relation to specialty.
Albania v Haxhia, Hunt, Mithan, Bridgeman and Simpson
Harry Simpson and the four other requested persons in this case are sought by the Government of Albania in relation to murder charges in connection with a “blood-feud” murder in Albania. Significant legal issues are being argued in the case, including: the possibility of a life sentence without parole being imposed, prison conditions in Albania, the scope for a fair trial in Albania, as well as issues concerning Mr Simpson’s mental health and family life – he is a British citizen, with a young family. Mr Simpson’s extradition was ordered at first instance.
Cichowicz v District Court in Bydgoszcz [2024] EWHC 1914 (Admin)
Represented the RP, securing his discharge in relation to a charge of grievous bodily harm (GBH) after a successful argument in relation to dual criminality.
Stojevic v Croatia [2024] EWHC 1477 (Admin)
Represented the Croatian JA in relation to a request involving war crimes allegations during the conflict in the former Yugoslavia in the 1990s.
Poland v Adam Ganske (July 2023)
Secured the discharge from extradition proceedings at Westminster Magistrates’ Court of the RP on the basis of Article 8 ECHR. Mr Ganske’s surrender was sought in relation to a sentence of 3 years imprisonment. His family circumstances and culpable delay tipped the balance.
Czech Republic v Anita Sarayova (June 2023)
Secured the discharge from extradition proceedings at Westminster Magistrates’ Court of the RP, whose extradition was sought by the Czech Republic in relation to several offences of imprisonment. The RP was discharged on Article 8 grounds in view of the impact that extradition would have on her two young children.
Maric v Croatia (March 2023)
Represented the Croatian JA in relation to a second request for extradition in relation to alleged war crimes during the war in Croatia in the 1990’s. Cranston J refused permission to appeal.
Poland v Graczyk (October 2022)
Represented the RP who was discharged at Westminster Magistrates’ Court on the basis that extradition would result in a disproportionate interference with his private life (Article 8 ECHR).
Sanchez v USA [2020] EWHC 508 (Admin)
Represented the Government of the USA the Divisional Court comprised of Fulford LJ and Laing J in relation to life sentences without parole. The case is currently on appeal before the European Court of Human Rights.
Jasieniewicz v District Court in Wroclaw-Fabryczna, Poland [2019] EWHC 3187 (Admin)
Represented the RP in a case which considered the interpretation of the test under s.20 in relation to trial in absence.
Benmaimum v France [2019] EWHC 1798 (Admin)
Represented the RP in an abuse of process challenge, concerning the interpretation of Article 28 of the Framework Decision of the EAW regarding the deduction of time served in custody.
Maric v Croatia [2016] EWHC 3526 (Admin)
Represented the JA in relation to an extradition request concerning historic war crimes allegations.
Duncan v Presiding Magistrate, Malaga, Spain [2015] EWHC 3466 (Admin)
Represented the JA before the Divisional Court, in the leading case which provided the first guidance on applications under section 21B of the Extradition Act (the “temporary transfer” provision).
Oparcik v Poland [2015] EWHC 2067 (Admin)
Successfully appealed against an order for extradition, on the basis of Article 8 owing to culpable delay by the requesting state (post Celinski).
Macaulay v Spain [2015]
Successfully obtained the adjournment of extradition before the Administrative Court, until satisfactory assurance of medical treatment was provided, following a kidney transplant (section 25).
Kandola v Germany; Ijaz v Italy; Droma v Germany [2015] EWHC 619 (Admin)
Represented the JA in leading case, the first to consider section 12A of the Extradition Act (“absence of a prosecution decision” provision).
Jankowski v Poland [2015] EWHC 2522 (Admin)
Represented the JA in a case involving a dispute about the service of the notice of appeal form.
Anghel v France [2015] EWHC 493 (Admin)
Represented the JA in a case in which the RP had been extradited before his appeal hearing was heard.
Skraba v Poland [2014] EWHC 2193 (Admin)
Represented the JA in the first case to consider the jurisdiction to award costs in extradition proceedings.