Case No. UKUT-00294-(IAC)

59. This ground of appeal draws attention to certain passages in the decision of the Divisional Court in Spanish Judicial Authority v Arranz (No 3) [2015] EWHC 2305 (Admin). The context is ascertainable from [20] – [26] of the judgment of the Court, delivered by the Lord Chief Justice. In these passages, consideration is given to the ground of appeal which is termed, in shorthand, “ judicial engineering ”. The substance of this ground, in very brief compass, was that the EAW should be set aside on the ground that it was the product of submission, or surrender, by the Spanish Judicial Authority to pressure from and the expectations of the Spanish public and State. In common law terms, the asserted vitiating factor was improper motive. In human rights terms, the vitiating factor advanced was an apprehended breach of Articles 5 and 6 ECHR, in contravention of section 6 of the Human Rights Act 1998. The Lord Chief Justice outlined the supporting evidence, the sources whereof were Mr Woodworth and the Spanish lawyer, Mr Casanova. 60. Having set the context, we now identify those passages upon which this ground of appeal is promoted: