Paul Blanchard v Spain: Successful Divisional Court Extradition Appeal
George Hepburne-Scott represented Paul Blanchard in complex extradition proceedings brought by Spain and in his successful Divisional Court appeal in Blanchard v Juzgado de Instrucción No. 5 de la Audiencia Nacional, Spain [2021] EWHC 1776 (Admin). The long-running case involved successive Spanish extradition requests, challenges to the European Arrest Warrant and an unusual factual background concerning Blanchard's asserted cooperation with Spanish law-enforcement and intelligence authorities.
Paul Blanchard and the Spanish Extradition Request
Paul Blanchard was the subject of extradition proceedings brought by the Spanish authorities in connection with allegations arising from an investigation into money laundering and organised crime.
The case had an unusual background. Blanchard maintained that he had previously cooperated extensively with Spanish law-enforcement authorities and had provided information concerning serious criminal activity. His case was that this history was highly relevant to the circumstances in which the subsequent criminal proceedings and extradition request arose.
George Hepburne-Scott represented Blanchard throughout the original proceedings at Westminster Magistrates' Court.
Extradition was ultimately ordered and Blanchard appealed to the High Court.
Successful Divisional Court Extradition Appeal
The appeal was heard by the Divisional Court in Blanchard v Juzgado de Instrucción No. 5 de la Audiencia Nacional, Spain [2021] EWHC 1776 (Admin).
George Hepburne-Scott represented Blanchard in the appeal, led by Mark Summers QC.
The Court considered a number of challenges to the European Arrest Warrant, including the adequacy of the particulars contained in the warrant and whether the statutory requirements governing extradition had been satisfied.
The judgment therefore represented a significant victory for Blanchard and provides an example of the detailed scrutiny that may be required where the validity and sufficiency of an extradition warrant are challenged before the High Court.
A Further Extradition Request from Spain
Following the successful 2021 appeal, the Spanish authorities subsequently issued a further extradition request concerning Blanchard.
Extradition was again ordered at Westminster Magistrates' Court, leading to further High Court proceedings.
By this stage, Blanchard's formally instructed legal team had changed. George Hepburne-Scott was no longer formally instructed as counsel, although he subsequently provided some assistance and worked alongside the new legal team during aspects of the later proceedings.
The renewed proceedings formed part of the same long-running extradition dispute and continued to raise issues concerning the passage of time and Blanchard's asserted history of cooperation with the Spanish authorities.
Spain Withdraws the Extradition Request
The renewed extradition proceedings continued through a further appeal to the High Court. Blanchard was represented in the later proceedings by a new legal team, including solicitor Karen Todner.
In 2026, the Spanish authorities ultimately withdrew the extradition request. The extradition order was quashed and Blanchard was discharged, bringing the long-running proceedings to an end.
The final discharge followed several years of litigation, during which Blanchard had successfully challenged the earlier Spanish warrant in the 2021 Divisional Court proceedings in which George Hepburne-Scott had represented him.
The Role of Fairness and Scrutiny in Extradition Proceedings
The Blanchard litigation illustrates the importance of close judicial scrutiny of extradition requests.
An extradition court is not concerned with determining whether a requested person is guilty or innocent of the underlying allegation. It must, however, determine whether the statutory requirements governing extradition have been satisfied and whether surrender can lawfully take place.
Where the information contained within an extradition warrant is inadequate, or where other statutory requirements have not been satisfied, those matters may provide grounds for challenging an extradition order both at Westminster Magistrates' Court and on appeal to the High Court.
The successful 2021 appeal demonstrates the potential importance of examining the underlying extradition documents closely rather than treating the existence of a foreign warrant as determinative of whether extradition should take place.
Significance of the Blanchard Extradition Case
The Blanchard proceedings illustrate the complexity that can arise in long-running extradition litigation, particularly where successive extradition requests, challenges to the validity of an arrest warrant and unusual factual issues concerning alleged cooperation with foreign law-enforcement authorities intersect.
George Hepburne-Scott represented Blanchard throughout the original Westminster Magistrates' Court proceedings and in the successful 2021 Divisional Court appeal, led by Mark Summers QC. He also provided some assistance to the subsequent legal team during the later stages of the case.
The case forms part of George Hepburne-Scott's wider practice representing requested persons in complex extradition proceedings and High Court extradition appeals.
George Hepburne-Scott – Extradition Barrister
George Hepburne-Scott is a specialist extradition barrister and Head of Extradition at Church Court Chambers.
He regularly represents requested persons in extradition proceedings at Westminster Magistrates' Court and in appeals before the High Court, including cases involving challenges to extradition warrants, human rights, prison conditions, trials in absence, dual criminality and other issues arising under the Extradition Act 2003.
