“She is sharp, diligent and much loved by her clients.”
Who’s Who Legal: Investigations 2017
David Corker is ‘enormously experienced’ and ‘first class’.
Legal 500 2013
David Corker is a highly regarded white-collar defence lawyer with an extensive track record of advising the subjects of major SFO investigations. He is singled out as a “knowledgeable” practitioner with “long experience and long understanding of how the prosecution process works and how it can best be derailed.
Chambers UK 2014
Peers remark on the growing strength of Gemma Tombs‘s practice, saying she is “building a presence that stands out.” She recently acted on the Mohammad Asif cricket match fixing case.
Chambers UK 2013
Gemma Tombs is a sound choice for her “organised and efficient” approach.
Chambers UK 2012
Corker Binning’s clients include the FRC. Andrew Smith is the head of the [Professional discipline] department, and is considered ‘a natural litigator’.
Legal 500 UK 2014
[David Corker is] universally acclaimed as a leader in his field, with sources describing him as “a titan – his legal knowledge is excellent and he’s a real fighter for his clients.”
Chambers UK 2011
"A top-flight firm with the highest standards."
Chambers UK 2017
Corker Binning has a long history of successful involvement in high profile and complex extradition cases. We are ranked Band 1 for extradition in Chambers UK 2017.
Our extradition lawyers have represented individuals whose extradition has been requested by a wide range of countries, including Russia, Ukraine, Hong Kong, Singapore, Thailand, the USA, Canada, South Africa, Gambia, Australia, New Zealand, Israel, India, Sri Lanka, Switzerland, most EU countries, the UAE (including Dubai and Abu Dhabi), as well as the Channel Islands, Gibraltar and the Isle of Man. The offences alleged by these states have ranged from business crime and fraud and corruption to police investigations and criminal defence matters such as murder, drugs trafficking and robbery.
Our extradition lawyers have a deep practical knowledge of the defences available to contest extradition requests. We are the only firm to have three lawyers ranked in Chambers UK 2017 in the field of extradition.
Peter Binning has a wealth of experience in extradition law and mutual legal assistance gained over 25 years both as a prosecutor for the CPS and SFO and defending. Andrew Smith has acted for individuals in a string of complex and high-profile extradition cases and has been a committee member of the Extradition Lawyers’ Association (ELA) since its inception in 2008. Edward Grange is the current Vice-Chair of the ELA and co-author of the leading practitioner’s textbook on extradition law.
Just one of the advantages to instructing our extradition lawyers is our unrivalled contacts with local lawyers in other jurisdictions. Our extradition lawyers are in touch with a network of trusted criminal lawyers around the world who can advise on issues arising in the requesting state. Edward Grange is a member of Fair Trials’ Legal Experts Advisory Panel, an EU-wide network of experts in criminal justice and human rights.
An essential part of an effective defence strategy to any extradition request is working with local lawyers in the requesting state who can provide invaluable information about their country’s criminal justice system or the particular criminal proceedings which may support a defence to extradition in the UK’s courts. Equally importantly, they may be able to improve an individual’s position by negotiating a discontinuance of the proceedings, a reduction of the charges or sentence, or release on bail if the individual is extradited. This contact with local lawyers is particularly important in EAW cases and even more so in requests made by the USA, where plea-bargaining with the Department of Justice (DOJ) is common.
Challenging extradition requests
Politically Motivated requests for extradition
We have developed an expertise in extradition cases arising from politically motivated prosecutions. Our London-based extradition lawyers have acted for numerous individuals whose extradition has been requested or threatened by Russia and other former Soviet states, including a number of prosecutions linked to the Yukos oil company and the Russian shipping industry. In these and many other cases, we have gathered expert evidence from human rights NGOs and academics, government officials, journalists and others who have personal experience of the particular criminal justice system in order to argue that the defendant is being punished on account of his political opinions.
Human Rights challenges
We have particular expertise in constructing human rights defences to extradition based upon the risks of human rights violations in the requesting state, including torture, arbitrary detention or an unfair trial. Our lawyers have defeated extradition requests from The Gambia. USA and Russia on human rights grounds. In Lodhi v Secretary of State for the Home Department, we successfully challenged the first extradition request made by the UAE by arguing that our client would suffer inhuman treatment if extradited to Dubai contrary to Article 3 of the European Convention on Human Rights.
European arrest warrant (EAW) challenges
Most extradition requests heard in the UK’s courts originate from EU countries that have issued a European Arrest Warrant (EAW). Although EAWs are notoriously difficult to defeat, we recently successfully challenged the validity of a French EAW that alleged that our client had committed various fraud offences. The EAW was discharged by the magistrates’ court and our client was awarded his costs in full. Other successful challenges have involved arguments relating to the offences not meeting the dual criminality test, the passage of time since the alleged offences have taken place resulting in a finding it would be unjust and oppressive to order extradition and extradition being held to be a disproportionate interference with our client’s right to a family life.
Challenging Interpol Red Notices
Many individuals come to us because they are concerned about the risks associated with a potential extradition request. In conjunction with local lawyers, we are able to advise them on how best to anticipate and mitigate these risks and, if they remain in the UK, on how best to secure their position in terms of being released on bail. We also advise individuals who need advice on how to manage their reputation and ability to travel after they have defeated an extradition request. For example, we are currently representing individuals seeking to remove their names from Interpol’s Red Notice List. We have persuaded World Check to remove a client’s name from its database.
Advising foreign governments
Our experience in extradition cases means that we have advised foreign governments seeking the extradition of individuals located in the UK. We have advised these governments on how their requests should be drafted and the likely course of the proceedings in the UK courts.
Advising individuals outside the UK
Our specialist experience also means that we have been instructed by individuals contesting extradition proceedings outside the UK but who wish to rely upon our wider expertise in gathering evidence which will support a human rights or political defence to the proceedings.
Second opinions on appeal
If an extradition order has been made then there is very short time in which to lodge an application for permission to appeal the decision. In a Part 1 case, an application has to be lodged within 7 days of the decision to be appealed and in a Part 2 case it is 14 days from the date the decision of the Secretary of State is received.
Our experienced lawyers are adept at providing advice on appeal in a short period of time and if the advice is positive, will ensure that the application for permission to appeal is lodged at the High Court within the prescribed time limits.
Securing bail and voluntary surrender
All those arrested on an extradition request are entitled to apply for bail at the first court hearing. Our experienced lawyers are able to advise on the terms that the court would expect a requested person to offer in order for the court to consider granting bail. We are able to organise a bail package to be put in place before the arrest and court hearing, greatly increasing the prospect of the court agreeing to conditional bail at the first hearing.
If our client is aware of the existence of an extradition request it is often possible to arrange a voluntary surrender with the Metropolitan Police Extradition Squad at a time that is convenient. This negates the risk of an ‘unplanned arrest’ at an inconvenient time that could be embarrassing for you and your family.More
Our extradition lawyers have recently advised:
- A Russian national of a company in the natural resources sector who, with our assistance, successfully persuaded the Russian authorities to withdraw the extradition request issued for him.
- A businessman sought by the US authorities on allegations including drug trafficking after a high-profile DEA “sting” operation in East Africa.
- UK companies and their directors concerning the risk of extradition arising from overseas criminal proceedings, including prosecutions concerning tax fraud in Italy, embezzlement in a Central Asian country and bribery in a Gulf State.
- A banker sought by the US authorities who became the first person to be convicted and sentenced in relation to a fraud which precipitated the 2008 financial crisis: we assisted in negotiating his plea bargain and his extradition on favourable terms.
- Shrien Dewani concerning the extradition request issued by South Africa on allegations including murder and kidnap, and providing assistance during his criminal trial in Cape Town.
- A Russian female who successfully resisted her extradition to Russia on the grounds that extradition would be a breach of her Article 3 rights because of inhumane and degrading prison conditions. This case resulted in a reversal of the burden in Russian extradition cases so that the Russian authorities now have to establish that their prisons are no longer inhumane and degrading.
- An Indian national in his successful appeal to the High Court to overturn the decision of the District Judge. This case related to the so called Indian Naval War Room Leak.
- Andrew Symeou concerning his appeal to the Supreme Court after Greece requested his extradition on allegations of manslaughter.
- A range of business people contesting Russian extradition requests in Cyprus, Italy and other EU states, working closely with local lawyers in these jurisdictions.
- The former Prime Minister of Thailand Thaksin Shinawatra.
- Two UK nationals sought by Dubai and Abu Dhabi: extradition refused for both because the UAE had failed to demonstrate a prima facie case.
- Advice on criminal prosecution and extradition in relation to parallel civil fraud proceedings brought by a major foreign bank.
- A British national convicted in his absence of a VAT fraud in France said to be to the value of €4.25 million. Extradition was defeated on grounds of passage of time and Article 8 right to a family life.
- A dual US/UK national contesting extradition to the US arising from an alleged US$60m share ramping fraud in Nevada.
- A range of businesspeople concerning the risk of Russia and other CIS states requesting their extradition from the UK.
Visit the blog to read what our extradition lawyers have to say about developments in extradition law and recent cases.
For more information about Corker Binning’s expertise in this area, visit mutual legal assistance, export controls, trade controls and sanctions and corruption & bribery or ring us on 0207 353 6000 to find out how our extradition lawyers can help you.
Named as key individuals in the field of Crime: Extradition by Chambers UK 2017:
Peter Binning – Band 1
Edward Grange – Band 1
Andrew Smith – Band 2
- Corker Binning is ranked in Band 1 of recommended firms for Crime: Extradition by Chambers 2017.
- Corker Binning is ranked as a first tier firm for Crime by Legal 500 2016 and Robert Brown is named as a leading individual for Crime.
- Edward Grange elected Chair of the Defence Extradition Lawyers Forum
- Danielle Reece-Greenhalgh comments on Phillip Harkins losing US extradition battle in The Times Law Brief and New Law Journal
- Peter Binning discusses suspected fraudster Mark Acklom on Sky News
- Edward Grange comments on Indian extradition requests in India Today
- Andrew Smith comments on Vijay Mallya extradition hearing in Reuters, CNBC, Yahoo! Finance and Daily Mail
- Edward Grange comments on Sarao’s extradition appeal ruling in The Daily Mail, Press Association, Belfast Telegraph, the Mirror, Evening Express, Capital Bay, MSN UK, NYSE Post and Scarborough News
- Edward Grange comments on Lauri Love extradition ruling in The Brief and Ars Technica
- Corker Binning partner Edward Grange comments on Lauri Love extradition case on BBC News
- Corker Binning Ranked in Legal 500 2016
- Edward Grange examines the recent successful appeal of individuals regarding their extradition to Greece in CrimeLine
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