QUEEN'S BENCH DIVISION
B e f o r e :
MRS JUSTICE FARBEY
|- and -|
|PROSECUTOR GENERAL'S OFFICE,|
|THE REPUBLIC OF LATVIA||Respondent|
MR T. COCKROFT (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent.
Crown Copyright ©
LORD JUSTICE BEAN:
"There is nothing relating to the circumstances of the applicant or her son which are sufficient to justify the reopening of the appeal. Moreover, given that the applicant's now nine-year-old son is currently looked after by Norfolk County Council Children's Services who are due to file statements in the Family Court or an interim care order in respect of him, there is nothing which makes it necessary for the court to reopen the decision in order to avoid real injustice. Likewise, there are no sufficient grounds for an injunction to stay the applicant's extradition to Latvia."
"There is no right to renew the application to reopen the determination of the extradition appeal. Any application to renew the application for an injunction to stay the applicant's extradition must be lodged at court and served on the respondent by 2.00 p.m. on 6 November 2018."
"50.17 - (1) The general rule is that the High Court must exercise its powers at a hearing in public, but...
(b) despite the general rule, the court may determine without a hearing ...
(iv) an application for permission to reopen a decision under rule 50.27 (Reopening the determination of an appeal)."
"This rule applies where a party wants the High Court to reopen a decision of that court which determines an appeal or an application for permission to appeal.
(2) Such a party must—
(a) apply in writing for permission to reopen that decision, as soon as practicable after becoming aware of the grounds for doing so; and
(b) serve the application on the High Court officer and every other party.
(3) The application must—
(a) specify the decision which the applicant wants the court to reopen; and
(b) give reasons why—
(i) it is necessary for the court to reopen that decision in order to avoid real injustice
(ii) the circumstances are exceptional and make it appropriate to reopen the decision, and
(iii) there is no alternative effective remedy.
(4) The court must not give permission to reopen a decision unless each other party has had an opportunity to make representations."
"(5) There is no right to an oral hearing of an application for permission unless, exceptionally, the judge so directs.
(7) There is no right of appeal or review from the decision of the judge on the application for permission, which is final."
"It is a fundamental principle of the common law that in enacting legislation Parliament is presumed not to intend to interfere with the liberty of the subject without making such an intention clear."
"Fundamental rights cannot be overridden by general or ambiguous words ... In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual."
MRS JUSTICE FARBEY:
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** This transcript has been approved by the Judge **