PT v Romanian Judicial Authority [2024] EWHC 1269 (Admin) (14 May 2024)

PT v Romanian Judicial Authority [2024] EWHC 1269 (Admin) (14 May 2024)

Exceptional circumstances exist due to the availability of new medical evidence indicating a real risk of injustice if the appeal is not re-opened; the requirements of CPR 50.27 are satisfied for Article 8 and s.25 points but not for s.20, as the Supreme Court has determined that ticking Box 3.4 entitles the...

Source-derived case information.

Citation
[2024] EWHC 1269 (Admin)
Parties
Applicant: Applicant; Respondent: Romanian Judicial Authority
Jurisdiction
England and Wales
Judgment Date
14 May 2024
Procedural Posture
Extradition Appeal / Application to Re Open Appeal and Admit Fresh Evidence
Outcome
Partially allowed
Legal Topics
Extradition, Fresh Evidence, Article 3 ECHR, Article 8 ECHR, Right to Retrial, Finality of Proceedings
Criminal Law Extradition Law Human Rights Law Extradition Fresh Evidence Article 3 ECHR Article 8 ECHR Right to Retrial +1 more

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Parties

Applicant

Applicant

Romanian Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Application to Re Open Appeal and Admit Fresh Evidence

Legal Issues

  1. 1 Whether the appeal should be re-opened under Criminal Procedure Rules 50.27
  2. 2 Whether fresh medical evidence justifies re-opening the appeal
  3. 3 Whether the applicant is entitled to a retrial under s.20 of the Extradition Act 2003

Ratio Decidendi

Exceptional circumstances exist due to the availability of new medical evidence indicating a real risk of injustice if the appeal is not re-opened; the requirements of CPR 50.27 are satisfied for Article 8 and s.25 points but not for s.20, as the Supreme Court has determined that ticking Box 3.4 entitles the applicant to a retrial.

Court Disposition

Partially allowed

Orders

  • Leave granted to re-open the appeal in respect of Article 8 and s.25 points.
  • Leave refused to re-open the appeal on the s.20 point.