England and Wales High Court (Administrative Court) Decisions

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URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/3499.html
Cite as: [2009] EWHC 3499 (Admin)

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		Neutral Citation Number: [2009] EWHC 3499 (Admin)
		CO/9599/2009

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT

Royal Courts of Justice
Strand
London WC2A 2LL

Thursday, 10 December 2009

B e f o r e :

LORD JUSTICE DYSON
MR JUSTICE TUGENDHAT
____________________

Between:

	ATILLA TOKOLI	Claimant
	v
	VESZPREM CITY COURT, HUNGARY	Defendant

____________________

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____________________

The Claimant appeared in person (with the aid of an interpreter)
Mr John Jones (instructed by The CPS) appeared on behalf of the Defendant
____________________

HTML VERSION OF JUDGMENT
____________________

LORD JUSTICE DYSON: In this case Deputy Senior District Judge Wickam ordered the appellant's extradition on 20 August 2009. He was therefore required by section 26(4) of the Extradition Act 2003 to serve his notice of appeal by 26 August. The CPS were not served by the appellant's then legal representatives with a copy of the appeal notice until 16 September. In fact, it was only as a result of the CPS telephoning the appellant's legal representatives to ask whether there would be an appeal that this occurred. The CPS had received documents from the court on 14 September, which suggested that there was to be an appeal.

It follows that the notice of appeal was served out of time. It is now clearly established that this court has no power to extend the time for service of a notice of appeal: see the decision of the House of Lords in Mucelli v Government of Albania [2009] UKHL 2; [2009] 1 WLR 276, in particular in the leading speech of Lord Neuberger at paragraphs 72, 78 and 80.

As I have explained to Mr Tokoli, we therefore have no power to entertain this appeal and he therefore cannot pursue it. That is the inevitable consequence of the statute as it has been interpreted by the House of Lords.

MR JUSTICE TUGENDHAT: I agree.

LORD JUSTICE DYSON: I am sorry we cannot help you, but that is the very clear position. Thank you.

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