Russell Nicholson

Russell is Head of the Extradition Department and is a specialist extradition practitioner, having qualified in 2007.

Extradition Law

Extradition  is one of the fastest growing areas of law in terms of the number of cases before the courts and generated case law. The complexities inherent in the practice of Extradition law require specialist knowledge and expertise.
Russell has extensive experience of resisting both Part 1 European Arrest Warrants (EAWs) and Part 2 extradition requests in the first instance at Westminster Magistrates Court and at appeal at the Divisional and Administrative Courts of the Royal Courts of Justice.

Russell has defended in a number of high profile and complex extradition cases, including proceedings against individuals accused of murder, large-scale fraud and other serious offences throughout the member states of the European Union and Part 2 countries including extradition requests from the USA, Paraguay, Bermuda and Norway.
Russell has experience in advising and assisting clients who are the subject of Mutual Legal Assistance (MLA) requests from foreign states to the UK as well as advising clients prior to arrest on extradition requests. Russell has built up a considerable network of foreign lawyers in jurisdictions throughout the world, who often provide invaluable assistance throughout all stages of the extradition process.

Criminal Law

In the field of Crime, Russell is an experienced advocate, regularly appearing in Magistrates’ Court and Crown Courts in and around Greater London. He defends clients in a wide range of allegations including money laundering, murder, rape, robbery, firearms and fraud. He is also experienced in defending confiscation proceedings, an ever-present feature of fraud related case.

Russell is a qualified Duty Solicitor, Higher Courts Advocate and a qualified accredited Police Station Advisor.

Military Law

Russell is experienced in Military Law, defending clients in Courts Martial and has defended service personnel at bases in the UK and abroad.

Memberships:

Defence Extradition Lawyers Forum (DELF), LCCSA

Notable cases: Extradition Law

• Bermuda v. D (2017). Defended the requested person facing extradition to Bermuda accused of a gang related murder.
• Sarao v. USA (2016). Represented Mr Navinder Sarao whose extradition was requested by the USA for prosecution in respect of 22 charges; wire fraud, commodities fraud, commodities manipulation, attempted manipulation, and spoofing. Mr Sarao is alleged to have made $40 million USD over a five year period through illicit trading activities and contributed to the “Flash Crash” of 6th May 2010, when billions of dollars were wiped off US stocks for a brief period. The case attracted widespread national and international media attention.
• Paraguay v. S and G (2016). The case was the first extradition request from Paraguay. Extradition Request for prosecution on charges relating to breach of trust and money laundering in respect of the funds of a large Pension Fund belonging to workers on the Itaipu dam. There was considerable political sensitivity and press attention in Paraguay over the matter dubbed as the ‘robo di siglo’ (The Robbery of the Century) by the Paraguayan press with estimates of the total amount alleged to have been defrauded reported to be up to $176 million USD.
• Bradstock v. High Court Dublin, Ireland [2016] EWHC 2560 (Admin), Divisional Court Having abandoned an appeal against extradition to Ireland, the court considered the steps needed for the requested person to arrange voluntary surrender, which had to be within the time limit stipulated in the Extradition Act 2003. A result achieved by Russell.
• Kandola v. Germany [2015] 1 WLR 5097 – Acted for Mr Kandola in this lead case on the bar to extradition under s.12A. This was the first Divisional Court decision on the interpretation and approach to take under s.12A of the Extradition Act 2003.

Notable cases: Crime

• R v W (2016): The Defendant was charged with the Attempted Murder of his partner. The case involved complex legal arguments in respect of the Defendant’s mental state at the time of the allegation.
• R v W (2015): Represented a Defendant in a multi-handed robbery of betting shops in a case investigated by the Flying Squad and prosecuted by the Special Casework Unit.
• R v R (2015): The Defendant was prosecuted for human trafficking, false imprisonment and immigration offences. The Defendant was said to have conspired with a gang of people traffickers and been involved in arranging ‘false marriages’.
• R v A (2014): Advocate for the Defendant in the trial at Crown Court of a defendant charged with the robbery of a taxi driver.
• R v L (2013): Represented a defendant charged with Attempted Murder in a suspected drug related incident. The victim was stabbed through the eye socket inflicting catastrophic injuries. The Defendant was acquitted of all charges after the jury found the defendant had acted in self-defence.
• R v M(2012): Advocate for the Defendant in the Crown Court trial of a London riot related case. The Defendant was charged with the burglary of a business.