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Administrative law [2022] EWCA Civ 1605

Stuewe v Health and Care Professions Council

Stuewe v Health and Care Professions Council [2022] EWCA Civ 1605 (08 December 2022)

The Court of Appeal held that the appellant’s out-of-time HCPC appeal could not proceed: no exceptional circumstances justified extending the 28-day statutory limit.

  • Extension of statutory time limits
  • Right of appeal
  • Jurisdiction for service of process
  • Exceptional circumstances discretion
  • Article 6 echr compliance
  • Statutory-time-limits
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Extradition law [2018] EWHC 3087 (Admin)

Kotsev v The Sofia District Public Prosecutor's Office (A Bulgarian Judicial Authority)

Kotsev v The Sofia District Public Prosecutor's Office (A Bulgarian Judicial Authority) [2018] EWHC 3087 (Admin) (16 November 2018)

High Court extradition appeal succeeded because the judge wrongly found deliberate absence and wrongly accepted that Bulgarian law guaranteed a compliant retrial.

  • Extradition following conviction in absentia
  • Right to retrial
  • Section 20 extradition act 2003
  • European arrest warrant
  • Article 6 echr compliance
  • Extradition-law
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Administrative law

Stevenson v General Optical Council

The High Court held Stevenson’s statutory appeal against the General Optical Council was filed one day late and refused to extend time in the absence of exceptional circumstances.

  • Time limits for appeals
  • Extension of time
  • Exceptional circumstances
  • Article 6 echr compliance
  • Costs in statutory appeals
  • Administrative-law
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Family law [2015] EWCA Civ 409

D (Children), Re

D (Children), Re [2015] EWCA Civ 409 (30 April 2015)

The Court of Appeal set aside a circuit judge’s order allowing appeals in care proceedings, holding the process was procedurally unfair and that no absolute duty required calling the children to give evidence.

  • Care orders
  • Placement for adoption
  • Appeal procedure
  • Children giving evidence
  • Article 6 echr compliance
  • Family-law
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Administrative law [2013] EWCA Civ 370

Walsall Metropolitan Borough Council v Secretary of State for Communities & Local Government

Walsall Metropolitan Borough Council v Secretary of State for Communities & Local Government [2013] EWCA Civ 370 (06 February 2013)

The Court of Appeal held it had no jurisdiction to hear an appeal from a High Court refusal of leave under section 289 of the Town and Country Planning Act 1990.

  • Jurisdiction of court of appeal
  • Statutory appeals under town and country planning act 1990
  • Leave to appeal requirements
  • Article 6 echr compliance
  • Planning-law
  • Administrative-law
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Criminal law [2009] EWHC 1579 (Admin)

Atkinson & Anor v Supreme Court of Cyprus

Atkinson & Anor v Supreme Court of Cyprus [2009] EWHC 1579 (Admin) (17 June 2009)

The High Court upheld extradition to Cyprus, holding that the appellate hearing formed part of the trial process, the appellants deliberately absented themselves, and Article 6 was not breached.

  • Extradition under european arrest warrant
  • Trials in absentia
  • Interpretation of 'trial' under extradition act 2003
  • Article 6 echr compliance
  • Deliberate absence from trial
  • Extradition-law
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Criminal law [2008] EWHC 2856 (Admin)

Murtati v Government of the Republic of Albania

Murtati v Government of the Republic of Albania [2008] EWHC 2856 (Admin) (25 November 2008)

An extradition appeal to the Administrative Court. The court held that delay caused by the appellant’s flight did not bar extradition and upheld section 85 compliance.

  • Extradition
  • Passage of time bar
  • Right to retrial
  • Article 6 echr compliance
  • Passage-of-time-bar
  • Retrial-rights
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.