Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic: Admn 28 Jan 2011

The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or indeed received back by the defendant, until much later.
Held: Following Walerianczyk, there could be no appeal. Irwin J recorded his ‘concern that unrepresented litigants who are in custody will often find it very hard to comply with the necessary requirements, despite every effort on the part of the court staff’.


Irwin J


[2011] EWHC 267 (Admin)




Extradition Act 2003


AppliedRegional Court In Konin, Poland v Walerianczyk Admn 12-Aug-2010
In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. . .

Cited by:

CitedLukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
Lists of cited by and citing cases may be incomplete.


Updated: 02 September 2022; Ref: scu.429667