QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF JAROSLAW PIGAS||Claimant|
|DISTRICT COURT OF JELENA GORA POLAND||Defendant|
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Mr Brian Gibbins (instructed by the Crown Prosecution Service Special Crime Division) appeared on behalf of the Defendant
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"Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made."
"20.1 This Section of this Practice Direction provides special provisions about the appeals to which the following table refers...
20.2 Part 52 applies to all appeals to which this section applies subject to any special provisions set out in this section.
20.3 Where any of the provisions in this section provide for documents to be filed at the appeal court, these documents are in addition to any documents required under Part 52 or sections I or II of this practice direction."
Under paragraph 22.6A of section 2 of part 52, subparagraph (3), the following material rule of practice appears:
"Where an appeal is brought under section 26 ... of the Act –
(a) the appellant's notice must be filed and served before the expiry of 7 days, starting with the day on which the order is made..."
"For these reasons, I conclude that an appellant's notice must be served, as well as filed, within the 7-day period referred to in section 26(4)."
And to the subsequent question posed "can the court extend the time for filing or for service", the answer was given in the negative. At paragraph 80, Lord Neuberger said:
"For these reasons, I consider that it is not open to the court to extend time under section 26(4) or to dispense with service of the notice of appeal."
"I turn to the law as to procedure. The House of Lords in Mucelli v The Government of Albania  UKHL 2,  1 WLR 276, decided that the time limit for the giving of the notice in Part 1 appeals is fixed by statute at seven days; giving of notice includes filing the notice with the court and serving it on the respondent and the CPS ... neither filing nor service can be waived or dispensed with and no application out of time for either is permitted."
At paragraph 15 the following appears:
"The position in law is clear. The judgment of their Lordships' House allows of no genuflection to circumstances. It may be that where an unrepresented appellant is in custody compliance is a challenge. One could readily foresee the development of good practice leading to counsel or solicitors giving to an unsuccessful defendant at the conclusion of his case a written Advice which sets out these unforgiving procedural requirements. It would not be difficult. An Advice template on computer would be simple to compose and reproduce and, if I may say so, one size would fit all."
THE CLAIMANT: I understand.
MR JUSTICE KING: Mr Pigas, I am sorry.
MR GIBBINS: My Lord, there is just one matter that occurred to me. I made it apparent in the chronology that the appellant was represented by Mr Katz of Kaim Todner and I noted that when he addressed your Lordship he mentioned Mr Dowd. That is a separate firm, Lawrence & Co, so I just wanted to make it clear that there were two separate companies involved.
MR JUSTICE KING: Well, I make clear that, as I understand it, the letter which I referred to as being his former solicitors. They may not have been the solicitors who represented him at the hearing.
MR GIBBINS: I am most grateful.
THE CLAIMANT: They sent me a copy of the letter. (handed)
MR JUSTICE KING: Yes. Mr Pigas, I will retain a copy of this.
THE CLAIMANT: Yes, of course.
MR JUSTICE KING: Thank you both very much.