VB; CU; CM; EN v Westminster Magistrates’ Court and others

Описание: [2014] UKSC 59

UKSC 2014/0103
VB (Appellant) v Westminster Magistrates' Court (Respondent)

UKSC 2014/0112
EN (Appellant) v Westminster Magistrates' Court (Respondent)

UKSC 2014/0118
CM (Appellant) v Westminster Magistrates' Court (Respondent)

UKSC 2014/0119
CU (Appellant) v Westminster Magistrates' Court (Respondent)

On appeal from the High Court (England and Wales) (Administrative Division)

This appeal considered whether one party in extradition proceedings can rely substantively on evidence not disclosed to the other. The appellants are the subject of an extradition request issued by the Government of Rwanda. During their extradition proceedings they sought to adduce evidence from witnesses who, asserting that they feared for their safety, were not willing to give evidence if that evidence was disclosed to the Government of Rwanda. The appellants submitted that the judge should devise a common law procedure to permit her to take the evidence on which they wished to rely into account without it being disclosed to the Government of Rwanda. In each case, the District Judge held that she had no power to receive material in private. The subsequent judicial review claim was unsuccessful.

The Supreme Court dismisses the appeal by a majority.