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Wednesday, 29th October, 2025

Extradition of Ukrainian national to United States upheld despite temporary protection and human rights objections

By: Decisis
The Court of Appeal dismissed an appeal against a High Court order permitting the extradition of a Ukrainian national, who was residing in Ireland under temporary protection, to the United States to face charges of conspiracy to commit fraud and wire fraud involving ransomware attacks. The appellant argued that his extradition should be refused on the grounds of fair trial rights, interference with family and private life, and the risk of refoulement to Ukraine after completion of proceedings in the USA. The Court of Appeal found that none of these arguments met the necessary threshold: the fair trial concerns were unsubstantiated, the impact on family life did not reach the level of incompatibility required to prevent extradition, and there were adequate protections in the US against refoulement. Accordingly, the High Court order for surrender was upheld.

Appeals over defective Covid-19 fixed payment notices dismissed as prosecutions may proceed

By: Decisis
The Court of Appeal dismissed appeals brought by two individuals challenging the validity of fixed payment notices (FPNs) issued to them under emergency public health regulations during the Covid-19 pandemic, which had allegedly failed to specify the exact offence. The High Court had previously found that the FPNs were defective because of inadequate detail but refused to grant orders preventing subsequent prosecutions, concluding that any issues regarding deficiencies in the FPNs were matters for the District Court at trial. The Court of Appeal upheld this decision, finding that while service of an FPN is a procedural step before prosecution if undertaken, defects in such notices do not deprive the District Court of jurisdiction to hear or determine the charges. Instead, such defects may be argued as part of the defence at trial, rather than constituting an automatic bar to prosecution. The court noted the principle that, unlike under the mandatory scheme for fixed charge notices in road traffic law, service of an FPN in this context was discretionary and did not create the same precondition for lawful prosecution. The appeals were dismissed and costs awarded against the appellants.

Costs of interlocutory appeal to be determined after trial with recovery capped at 80% for prevailing party

By: Decisis
The Court of Appeal considered the appropriate order for costs following its earlier decision upholding the grant of an interlocutory injunction restraining a dairy products company from passing off its yoghurt products as those of a competitor. The High Court had previously ordered that costs relating to the injunction should be 'costs in the cause', meaning the issue of costs would be determined after the full trial. The Court of Appeal agreed that, due to the provisional nature of interlocutory applications and the fact that the main issues would be revisited at trial, it would be unjust to order costs at this stage. The court directed that the costs of the appeal should also be 'costs in the cause', and further held that if the plaintiff ultimately wins at trial, its recovery of costs for this appeal will be capped at 80%, reflecting the defendant’s partial, although limited, success on the variation of the form of order.

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