Notable Cases – Mark Fidler

Mark Fidler qualified in December 1992 and has been at Blavo & Co since 2005 becoming a Partner in 2009. He has worked predominantly in the field of Criminal Law. He has dealt with every area from drink-drive to murder and he has been a Police Station and Court Duty solicitor for many years. Mark is a Solicitor Advocate which means that he also practices as an Advocate in the Crown Court. He has conducted Jury Trials and has also appeared in the Court of Appeal as an Advocate…Read more

Below are listed some of Mark Fidler’s most Notable Cases.

Chen v. Romania [2006] EWHC 1752 (Admin)

This was a complex Extradition matter becoming the leading case in relation to the Right for a retrial.
This case dealt with whether a defendant’s extradition was barred by the passage of time or by the fact that he was tried and sentenced in absentia, and had not deliberately absented himself from his trial.

The Queen on the application of Pasquetti–v-Westminster Magistrates Court 2010] EWHC 3139 (Admin)

Successful rolled up application for Judicial Review and Extradition Appeal where permission granted to challenge the decision of the District Judge at the City of Westminster Magistrates Court to order client’s extradition, to Italy on two European arrest warrants.
The grounds of the statutory appeal were that the District Judge should not have ordered our client’s extradition in his absence because he was un-represented and that the District Judge should have taken steps to appoint a lawyer, to ensure his representation. Consequently, this was in breach of the appellant’s article six rights.
Our client was in custody had been unwell for a period of days leading up to the date of hearing. He was not represented at the time as legal aid was not in force at the date of the hearing. On the day of the hearing, our client indicated to prison staff he was not well enough to attend the hearing and asked for a doctor. He was asked to and signed a document explaining why he was not able or willing to go to court. This document was never shown to the District Judge who was told that our client had simply refused to come to court. As a result he ordered his extradition. We managed to trace the document and appealed.
As a result of permission being granted the Appeal Court (Administrative Court) remitted the matter back to the Magistrates Court in order for fresh Extradition Proceedings to take place.

R –v – Ayodeji Kareem and oths – Snaresbrook Crown Court

Defence Junior (as Solicitor Advocate) in the first UK prosecution for an organised phishing operation. The gang obtained details of 10,000 credit cards and 900 bank accounts after sending emails that looked like they were official bank messages, asking their victims to confirm account details including passwords. They then stole an estimated £3.1million from their victims’ credit cards and around £600,000 from bank accounts.
More via ‘This is London’ Publication…

R –v- K – Bristol Crown Court

Large scale conspiracy to defraud and money laundering allegations involving approximately £1 million. Client acquitted.

R –v- Iftikhar – Court of Appeal

Represented client in the Court of Appeal as Solicitor Advocate on an Appeal against Sentence.

R -v- Sempa – Guildford Crown Court

Solicitor Advocate for client charged with Fraud involving vulnerable victims . Client acquitted following Jury Trial.

R – v – Lyons – Court of Appeal

Client convicted of ABH following Trial at Harrow Crown Court. Following trial the alleged victim left message on client’s answer machine indicating that he had lied on oath. As a result matter appealed on the grounds of fresh evidence. Voice expert instructed who confirmed the alleged victim’s identity. Appeal successful and conviction overturned on basis that victim’s evidence was not reliable.

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