The court considered the statutory test to be applied on a request for an extension of the day time limit for appealing from an order for extradition.
Held: The correct interpretation of section 26(5) permitted no distinction between the conduct of the person and the conduct of their legal representative, so that the legal representative’s conduct was to be attributed to the person with the consequence that if the legal representative had not done everything reasonably possible to ensure that the notice was given as soon as it could be given, the High Court should not entertain the application for leave to appeal.
Judges:
Burnett LJ, Cox J
Citations:
[2015] EWHC 1764 (Admin), [2016] 1 WLR 322, [2015] WLR(D) 273
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – O’Connor v Greece QBNI 15-Aug-2017
. .
Cited – Public Prosecutors Office of The Athens Court of Appeal v O’Connor SC 2-Feb-2022
(Northern Ireland) The extraditee’s solicitor had failed to serve a notice of appeal on the prosecutor within the time limit. The question was whether the solicitor’s failure was to be attributed to the client.
Held: The prosecutor’s appeal . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 03 February 2022; Ref: scu.549445
