Rosemary Davidson

Rosemary is one of the leading juniors in the field of extradition (Legal 500, 2020), with over a decade of experience and a comprehensive knowledge of extradition law and practice. She represents requested persons, judicial authorities and requesting governments in all stages of contested extradition proceedings in the UK, as well as advising individuals and foreign governments in relation to UK extradition requests. She also has extensive experience of domestic cases where specialty/abuse of process issues arise as a result of the defendant’s extradition.

Rosemary has particular expertise in Part 1 cases involving issues of EU law, and complex Part 2 cases involving human rights issues or political prosecutions. Her expertise in public law is asset in complex extradition cases, including those involving asylum or other immigration issues, or concurrent judicial review proceedings.

Rosemary regularly advises individuals and Government bodies in relation to mutual legal assistance requests and acts in public law cases in which MLA requests are litigated.

Rosemary has provided expert evidence on UK extradition law in foreign legal proceedings and has given evidence to the House of Lords EU Home Affairs Select Committee in relation to the impact of Brexit on the UK’s extradition arrangements.

Rosemary has written widely about extradition and is the co-author and co-editor of the Extradition and Mutual Legal Assistance Handbook (Oxford University Press). She has contributed chapters on extradition to Rechtshilferecht in Strafsachen (Lexis Nexis) and EU Law in Criminal Practice (Oxford University Press).

Rosemary has extensive experience of advising and assisting individuals who are, or may be, the subject of an Interpol notice, including making applications to Interpol for the deletion of data.

Rosemary’s recent experience in extradition includes:

Ukraine v Sivkiv – Rosemary is acting for the Ukrainian government in these extradition proceedings which concern whether extradition can be ordered in the context of an ongoing international armed conflict

Stage v Australia [2024] EWHC 245 (KB): the Divisional Court ruled on the law of abuse of process in extradition proceedings

Crown Prosecution Service v Beaumont [2022] 1 WLR 3700: the Divisional Court ruled on the meaning of the specialty provisions under Pt 2 of the Extradition Act 2003

Modi v India [2021] EWHC 2257 (Admin): Rosemary acted for the Secretary of State in this case which concerned the efficacy of India’s specialty arrangements

USA v Lynch: Rosemary acted for the Secretary of State in this high profile extradition case

Rosemary is recommended as a leading junior in this field: “if you need something done, it’ll get done and it’ll be really, really good” (Chambers and Partners, 2020).

Rosemary has extensive experience acting for and against public bodies in judicial review claims and statutory appeals and she frequently appears in high profile and complex cases. She has particular expertise in judicial review cases that arise in the criminal justice context.

Rosemary’s recent experience includes:

R (W80) v Independent Office for Police Conduct [2023] 1 WLR 2300: the Supreme Court ruled on the applicable test for self-defence in police disciplinary proceedings arising from a fatal shooting

R (X) v Ealing Youth Court [2020] 1 WLR 3645: a judicial review challenge concerning the extension of a custodial term and the use of closed material in the youth court

Rosemary has a master’s degree in public law and human rights, and human rights challenges form an essential part of all of Rosemary’s key areas of practice.

She is appointed to the Attorney General’s Panel of Counsel for Civil Litigation (A Panel).

Rosemary has appeared in a wide range of terrorism cases in both the criminal and the civil context. Her experience encompasses high-profile terrorism prosecutions, as well as national security deportations before the Special Immigration Appeals Commission, control order/TPIM cases in the High Court, and civil claims involving national security aspects. She is a contributor to National Security Law, Procedure and Practice (OUP, 2021).
Rosemary’s notable cases in this context include Al Rawi and Ors (the Guantanamo Bay litigation); Othman (the Abu Qatada deportation); MA and CF (the first civil claim in which the closed material process under the Justice and Security Act 2013 was used); and Kamoka and Ors (allegations of UK complicity in rendition and torture).

Her recent experience includes:

Christine Lee and Daniel Wilkes v Security Service [2023] UKIPTrib 8: the Investigatory Powers Tribunal ruled on whether a minimum level of disclosure is required in IPT public law claims

K3 v Secretary of State for the Home Department SC/143/2017: an appeal against the deprivation of citizenship on national security grounds.

Rosemary also acts as counsel to the tribunal in cases before the Investigatory Powers Tribunal.

Rosemary is a criminal law specialist and trial advocate. She has particular expertise in terrorism cases, and cases involving extradition/immigration issues. Her recent experience includes:

Advising the Public Prosecution Service for Northern Ireland in relation to the Operation Kenova investigation into the activities of the alleged state agent known as Stakeknife.

R v W [2021] EWCA Crim 334 – the Court of Appeal ruled on the meaning of section 146 of the Extradition Act 2003 (speciality provisions)

Rosemary’s criminal practice often encompasses issues of international law and she advises NGOs and other grass roots organisations on international criminal law issues in general, and in particular on the use of domestic criminal law to prosecute international crimes. In the asylum context, Rosemary has particular expertise in the application of international criminal law in Refugee Convention exclusion cases.

In 2002 Rosemary completed an internship with the International Criminal Tribunal for Rwanda.

Rosemary has extensive experience in the field of Inquests and Public Inquiries.

She has acted for Government Departments in the Undercover Policing Inquiry; the Infected Blood Inquiry; and the Post Office Inquiry. She provided witness support to former Chancellor, Alistair Darling, in the Post Office Inquiry, and is currently instructed in the Afghan Inquiry.

Rosemary has also acted in a number of judicial review challenges to the statutory basis of an inquiry: R (Bates) v BEIS (the Post Office Inquiry); R (Centre for Women’s Justice v SSHD (the Angiolini Inquiry); R (Miah) v SSHSC (the Fuller Inquiry).

Rosemary has also appeared in inquests and has particular experience of cases involving deaths in custody.

Rosemary has extensive experience of sanctions law. She advises government departments and individuals with respect to individual designations under the Sanctions and Anti-Money Laundering Act 2018 (‘SAMLA’) and is currently instructed in a number of court reviews challenging designations under s.38 of SAMLA.

In addition, she advises government departments, individuals and corporations on the legal risks arising from designations under SAMLA, including under the criminal law.

Rosemary also has experience of domestic judicial review challenges in relation to international sanctions. Her notable cases include R (Bredenkamp) v Foreign and Commonwealth Office [2013] EWHC 2480 (Admin); National Iranian Tanker Company v Foreign and Commonwealth Office [2015] EWHC 282 (Admin); and R (Khaled) v Foreign and Commonwealth Office [2017] EWHC 1422 (Admin).

• Attorney General’s Panel for Civil Litigation (Panel A)
• Crown Prosecution Service Prosecutor (Grade 3) (general crime; serious crime; extradition)

• South Eastern Circuit
• Constitutional and Administrative Law Bar Association (ALBA)
• Extradition Lawyers’ Association
• Defence Extradition Lawyers Forum
• Bar Pro Bono Unit

• Contributor, National Security Law, Procedure and Practice (OUP, 2021)
• Contributor, Rechtshilferecht in Strafsachen (Lexis Nexis, 2020)
• Contributor, EU Law in Criminal Practice (OUP, 2013)
• Jones and Davidson: The Extradition and Mutual Legal Assistance Handbook (OUP, 2010)
• “Extradition update – absence of prosecution decisions, the forum bar, prison conditions and the right to a fair trial” [2019] Crim LR 20
• “Brexit and criminal justice: the future of the UK’s cooperation relationships with the EU” [2017] Crim LR 379
• “Extradition law – recent developments and the potential impact of Brexit” [2016] Crim LR 743
• “Recent developments in extradition law – some practical implications” [2015] Crim LR 504
• “A sledgehammer to crack a nut? Should there be a bar of triviality in European Arrest Warrant cases?” [2009] Crim LR 31

• University College London, LLM (Distinction), Public Law and Human Rights
• Ludwig Maximilians Universität, Munich
• Balliol College, Oxford, BA Hons, Jurisprudence

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