DOCSLIB.ORG

United Kingdom

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
United Kingdom Appeals 2021 Appeals 2021 Contributing editors Mark A Perry and Perlette Michèle Jura © Law Business Research 2021 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Appeals [email protected] Senior business development manager Adam Sargent 2021 [email protected] Published by Law Business Research Ltd Contributing editors Meridian House, 34-35 Farringdon Street London, EC4A 4HL, UK Mark A Perry and Perlette Michèle Jura The information provided in this publication Gibson, Dunn & Crutcher LLP is general and may not apply in a specific situation. Legal advice should always be sought before taking any legal action based on the information provided. This information is not intended to create, nor does receipt of it constitute, a lawyer– Lexology Getting The Deal Through is delighted to publish the fifth edition of Appeals, which is client relationship. The publishers and available in print and online at www.lexology.com/gtdt. authors accept no responsibility for any Lexology Getting The Deal Through provides international expert analysis in key areas of acts or omissions contained herein. The law, practice and regulation for corporate counsel, cross-border legal practitioners, and company information provided was verified between directors and officers. March and April 2021. Be advised that this Throughout this edition, and following the unique Lexology Getting The Deal Through format, is a developing area. the same key questions are answered by leading practitioners in each of the jurisdictions featured. Lexology Getting The Deal Through titles are published annually in print. Please ensure you © Law Business Research Ltd 2021 are referring to the latest edition or to the online version at www.lexology.com/gtdt. No photocopying without a CLA licence. Every effort has been made to cover all matters of concern to readers. However, specific First published 2017 legal advice should always be sought from experienced local advisers. Fifth edition Lexology Getting The Deal Through gratefully acknowledges the efforts of all the contri- ISBN 978-1-83862-623-5 butors to this volume, who were chosen for their recognised expertise. We also extend special thanks to the contributing editors, Mark A Perry and Perlette Michèle Jura of Gibson, Dunn & Printed and distributed by Crutcher LLP, for their continued assistance with this volume. Encompass Print Solutions Tel: 0844 2480 112 London April 2021 Reproduced with permission from Law Business Research Ltd This article was first published in May 2021 For further information please contact [email protected] www.lexology.com/gtdt 1 © Law Business Research 2021 Contents Global overview 3 Portugal 27 Mark A Perry and Perlette Michèle Jura Fernando Aguilar de Carvalho and Luís Bertolo Rosa Gibson, Dunn & Crutcher LLP Uría Menéndez – Proença de Carvalho Argentina 4 Spain 33 Pablo A Alonso and L Santiago Soria Ángel Pérez Pardo de Vera and Francisco Javier Rodríguez Ramos Marval O'Farrell Mairal Uría Menéndez Brazil 10 Switzerland 39 Diógenes Gonçalves, Lucas Pinto Simão, Priscilla Martins de Freitas Nicolas Bracher and Florian Wegmann and Fernando Vieira D Almeida Budeu Wenger & Vieli Ltd Pinheiro Neto Advogados United Kingdom 46 Bulgaria 16 Daniel Barnett, Doug Watson and Patrick Doris Vania Todorova Gibson Dunn & Crutcher LLP Stoeva Tchompalov & Znepolski United States 52 Denmark 21 Mark A Perry and Perlette Michèle Jura Dan Terkildsen and Emil Hald Winstrøm Gibson Dunn & Crutcher LLP Lundgrens 2 Appeals 2021 © Law Business Research 2021 United Kingdom Daniel Barnett, Doug Watson and Patrick Doris Gibson Dunn & Crutcher LLP JURISDICTION (which might include, for example, simple or low-value commercial disputes heard at first instance in the county courts). Court system Appeals in commercial matters from the High Court are heard by 1 Outline and explain the general structure of your country’s the Civil Division of the Court of Appeal. The Court of Appeal also has court system as it relates to the commercial appellate jurisdiction to hear appeals from various other courts and tribunals process. covering a wide range of subject matters. The final court of appeal is the Supreme Court, which hears appeals In England and Wales, the High Court of Justice serves as the court of on points of law in both civil and criminal matters from both the Court of first instance for complex civil disputes and for most cases in which Appeal and, in rare instances where the Court of Appeal is bypassed in a the value of the claim exceeds £100,000. The High Court is subdivided ‘leapfrog procedure’, the High Court. Leapfrog appeals are most likely to into three divisions: arise in cases of general public importance where both the High Court • the Queen’s Bench Division; and the Court of Appeal are bound by a prior decision of the Supreme • the Chancery Division; and Court in relation to the point at issue. • the Family Division. The Supreme Court also serves as the ultimate appeal court for Scotland (for civil matters only) and Northern Ireland, which are other- The Queen’s Bench Division has the most varied jurisdiction and is, wise separate jurisdictions with separate court systems (at least insofar therefore, also the largest division of the High Court. The Queen’s as concerns most types of dispute). Bench Division is further subdivided into specialist courts encom- passing the: Civil matters • Commercial; 2 Are there appellate courts that hear only civil matters? • Admiralty; • Technology and Construction; The three divisions of the High Court (with very few exceptions) only • Circuit Commercial; and hear civil matters. The Queen’s Bench and Chancery Divisions hear • Administrative courts. most appeals on civil commercial matters in cases originating in the subordinate courts. The Chancery Division is also subdivided into specialist areas, which The Court of Appeal’s Civil Division is a specialist division dealing include the: with civil matters. The Supreme Court, by contrast, hears both civil • Business List; and criminal appeals (although, in respect of cases originating from • Competition List; Scotland, its jurisdiction is limited to civil appeals). • Insolvency and Companies List; • Intellectual Property List, including the Patents Court and Appeals from administrative tribunals Intellectual Property Enterprise Court; 3 Are appeals from administrative tribunals handled in the • Revenue List; and same way as appeals from trial courts? • Property, Trusts and Probate List. Generally, administrative decision makers in the public sector are Both the Chancery Division and the Commercial Court maintain a subject to the supervisory jurisdiction of the courts and their decisions Financial List so that cases of importance to financial markets can be are susceptible to judicial review. Applications for judicial review are assigned to specialist judges. The courts of the Chancery Division and made to the Administrative Court (which is a division of the High Court). the Queen’s Bench Division (with the exception of the Administrative Judicial review is distinct from a normal appeals process. Applications Court) have recently been rebranded as the Business and Property for judicial review can be made on four broad grounds: Courts. The High Court of Justice is based in London but there are • illegality; courts for six separate geographical regions in England and Wales, • irrationality (which concerns the reasonableness or, in some cases, called circuits, that try High Court cases in the district registries the proportionality of the decision); outside of London. In recent years, efforts have been made in London • procedural impropriety; or and regionally to encourage the use of electronic working (including • failure to uphold a legitimate expectation. filing court documents and paying court fees online) through the Electronic Working Pilot Scheme. Cases from the Administrative Court can be appealed to the Court of The High Court also serves as the first level of appeal for certain Appeal and Supreme Court in the usual way. disputes originating in the subordinate courts of England and Wales 46 Appeals 2021 © Law Business Research 2021 Gibson Dunn & Crutcher LLP United Kingdom There are, separately, several specialist first instance and appel- A separate specialist tribunal also exists to deal with competition late tribunals in England and Wales that have broad administrative matters. The Competition Appeal Tribunal’s jurisdiction includes hearing appeal jurisdiction, through which cases must progress before appeals from the decisions of the Competition and Markets Authority and reaching the Court of Appeal and Supreme Court. certain other industry regulators. It also has jurisdiction over actions for The first instance tribunals are known as the First-tier Tribunal damages and other monetary claims or collective settlements relating to and the appellate tribunals are known as the Upper Tribunal. The infringements of competition legislation. First-tier Tribunal includes seven separate chambers comprising the: • General Regulatory Chamber; BRINGING AN APPEAL • Social Entitlement Chamber; • Health, Education and Social Care Chamber; Deadlines • Tax Chamber; 6 What are the deadlines for filing an appeal in a commercial • Property Chamber; matter? • War Pensions and Armed Forces Compensation Chamber; and • Immigration and Asylum Chamber. As parties require permission to appeal a decision of a lower court, the filing of an appeal in a typical commercial
Load more

Recommended publications
  • Claim Form Commercial Court N1 (CC) : CPR Part 7 : V4.0 Royal Courts of Justice
    In the High Court of Justice Queen's Bench Division Claim Form Commercial Court N1 (CC) : CPR Part 7 : v4.0 Royal Courts of Justice Claim number Claim title Notes for completion Once completed please e-mail this form to [email protected]. You will receive a 'sealed for service' version and an amendable version of the form by return of e-mail. Claimant(s) Add New Claimant Clear All Claimants Name Address Postcode Country Telephone No Delete this Claimant Add New Claimant Defendant(s) Add New Defendant Clear All Defendants Defendants unknown at present Name Address Postcode Country Telephone No Delete this Defendant Add New Defendant The court office at the Admiralty and Commercial Registry, Royal Courts of Justice, Strand, London, WC2A 2LL is open from 10:00am to 4:30pm Monday to Friday. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Page 1 of 3 Financial information Non-Monetary What type of claim is this ? Monetary Only Part Monetary Relief Court fee breakdown Non-monetary relief fee (if applicable) £0.00 Part 7 fee £0.00 Court fee total £0.00 Solicitors costs (£) GBP. To be assessed Reset Financial Data Brief details of claim You should type into this section a concise statement of the nature of the claim, together with the remedy sought and statement of value where appropriate pursuant to CPR 16.2(1) (Part 7 Claim) or CPR 8.2(Part 8 Claim). If you wish to file more detailed particulars of claim with this claim form you can use the attachment option in section 4b, or you may file them separately at a later stage using the 'MultiPurpose' form which will be available to you once you have issued.
    [Show full text]
  • In the High Court of Justice of the Isle of Man Civil Division Probate Application Form
    IN THE HIGH COURT OF JUSTICE OF THE ISLE OF MAN CIVIL DIVISION PROBATE APPLICATION FORM Please refer to the GUIDANCE NOTES to assist you in completing this form. Please use CAPITAL LETTERS The Guidance Notes can be viewed online at https://www.courts.im/court-procedures/probate-and-admin-of-estates/ or they can be obtained by email from [email protected] or by telephoning (01624) 685243 There are guidance notes provided to help you complete this probate application form. They should not be treated as a complete and authoritative statement of the law. Please note that Probate Office staff members are not permitted to give legal advice or offer opinions and therefore if you are in any doubt about your rights, or the procedures to follow in relation to obtaining probate, you should seek legal advice. The Probate Staff can however provide assistance in the completion of this form. Where required, please refer to the Glossary of Terms of commonly used legal expressions in the Guidance Notes. Section A – Details of the Deceased 1. Surname Title MR MRS MISS MS OTHER 2. Forename(s) 3. Alias name(s) – (if any) 4. Address (enter last, full permanent address, including postcode) 5. Place of Domicile 6. Nationality 7. Occupation (if any) 8. Date of Death (Death Certificate attached herewith) 9. Place of Death (enter full address, including postcode) 1 Section B – Details of the Estate 10. Did the deceased leave a Will? YES NO If NO, go to Q.14 11. Date of Will (being submitted with this form) 12.
    [Show full text]
  • SAS V. WPL: a Longstanding Transatlantic Dispute with an East Texas Flavor
    Free Speech, Due Process and Trial by Jury SAS v. WPL: A Longstanding Transatlantic Dispute with an East Texas Flavor NOVEMBER 25, 2020 | BY NATALIE POSGATE SAS Institute and World Programming Limited • The case involved claims of infringement of have sparred against each other in courtrooms “non-literal” elements of a software work, a on both sides of the Atlantic for 11 years. less-frequented claim in intellectual property law that is as nuanced as it is hard to prove; The storied litigation between the two software and programming competitors essentially tells the same tale each time: SAS accuses World • Just as the case was heading to a jury trial Programming of copyright infringement. SAS in September, the complexity of the issues doesn’t prevail. SAS sues WPL somewhere prompted Judge Gilstrap to delay the trial and else but includes additional allegations. WPL set a special hearing to determine the extent counterclaims. And the case has also caused to which the non-literal elements of SAS’ a trans-Atlantic tiff between judges in the U.S. software were copyrightable. “A hearing like and the United Kingdom. that in itself is a rare event, due to the unusual allegations here, but Judge Gilstrap embraced This plot has played out on the home turfs of the need to dig in and make sure the scope of both companies with mixed results. The High SAS’ IP rights were properly framed to a jury,” Court of Justice in London – previously known Caldwell said. as “Her Majesty’s High Court of Justice” – ruled against SAS.
    [Show full text]
  • Judicial and Court Statistics 2007 Cm 7467
    Judicial and Court Statistics 2007 Judicial and Court Statistics 2007 Presented to Parliament by the Secretary of State for Justice and Lord Chancellor by Command of Her Majesty The Queen September 2008 Cm 7467 £33.45 © Crown Copyright 2008 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please write to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected] ISBN: 9 78 010174 672 4 Contents Introductory Note 5 1. Appellate Courts 7 2. High Court – Chancery Division 31 3. High Court – Queen’s Bench Division 41 4. County courts (non family) 53 5. Family Matters 81 6. The Crown Court 103 7. Magistrates’ Courts 135 8. Offices of the Supreme Court 159 9. The Judiciary 171 10. Assessment of litigation costs, and publicly funded legal services 185 Annex A: Data Quality and Sources 197 Judicial and Court Statistics 2006 | Introductory Note Introductory Note This Ministry of Justice report “Judicial and Court Statistics 2007”, presents a comprehensive set of statistics on judicial and court activity in England and Wales during 2007. This report was formerly entitled “Judicial Statistics” (for the 2005 edition and earlier years) and was published by the Department for Constitutional Affairs and its predecessors.
    [Show full text]
  • In the High Court of Justice Queen's Bench Division
    In the High Court of Justice CO Ref: COI 8229/2011 Queen's Bench Division Administrative Court In the matter of an application for Judicial Review The Queen on the application of GREENPEACE LTD versus SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE Application for permission to apply for Judicial Review NOTIFICATION of the Judge's decision (CPR Part 54.11, 54.12) Following consideration of the documents lodged by the Claimant, the Acknowledgement of service filed by the Defendant and the correspondence about Dr Weightman's final report Order by the Honourable Mr Justice OUSELEY Permission is hereby refused. Reasons: The case is not arguable for the reasons given in the AOS. The claim does not in reality recognise the role of the ONR and site licensing in dealing with flood protection, off -site supplies and communications. The potential for the 8 sites to be protected against flooding does not prevent a later decision by the ONR or by IPC on its advice that anyone can not be protected, nor does it prevent a decision by IPC that the as yet undefined measures have planning implications which tell against a site. The claim that a comparative safety exercise was required ignores the fundamental judgment that all were potentially safe, and a decision that no examination of the degree of margin was required is not irrational. The consultation was lawful. • The costs of preparing the Acknowledgment of Service are to be paid by the Claimant to the Defendant in the sum of £ 11813; if the application is renewed, it shall be determined at the renewal hearing.
    [Show full text]
  • The Blair Government's Proposal to Abolish the Lord Chancellor
    The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2005 Playing Poohsticks with the British Constitution? The Blair Government's Proposal to Abolish the Lord Chancellor Susanna Frederick Fischer The Catholic University, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Law Commons Recommended Citation Susanna Frederick Fischer, Playing Poohsticks with the British Constitution? The Blair Government's Proposal to Abolish the Lord Chancellor, 24 PENN. ST. INT’L L. REV. 257 (2005). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. I Articles I Playing Poohsticks with the British Constitution? The Blair Government's Proposal to Abolish the Lord Chancellor Susanna Frederick Fischer* ABSTRACT This paper critically assesses a recent and significant constitutional change to the British judicial system. The Constitutional Reform Act 2005 swept away more than a thousand years of constitutional tradition by significantly reforming the ancient office of Lord Chancellor, which straddled all three branches of government. A stated goal of this legislation was to create more favorable external perceptions of the British constitutional and justice system. But even though the enacted legislation does substantively promote this goal, both by enhancing the separation of powers and implementing new statutory safeguards for * Susanna Frederick Fischer is an Assistant Professor at the Columbus School of Law, The Catholic University of America, in Washington D.C.
    [Show full text]
  • A Guide to Court and Administrative Justice Statistics
    A Guide to Court and Administrative Justice Statistics Ministry of Justice Last updated 19 December 2013 A Guide to Court and Administrative Justice Statistics - December 2013 Contents Contents 2 Introduction 3 Background to the Court and Administrative System 8 Data Sources and Data Quality 46 Legislation coming into effect in the reporting period 56 Methodology 59 Glossary 65 Directory of Related Internet Websites on the Courts and Tribunals 84 Contacts 85 2 A Guide to Court and Administrative Justice Statistics - December 2013 Introduction This document aims at providing a comprehensive guide to the Court and Administrative system, focusing on concepts and definitions published in Ministry of Justice statistics. It also covers overall statistical publication strategy, revisions, data sources, quality and dissemination, and methodological developments. Ministry of Justice statistics currently covers the following Court and Administrative system sub-systems and services: County Courts in England and Wales (dealing with Civil and Family Business); Magistrates Courts in England and Wales (dealing with Criminal, Civil and Family Business); High Court; Court of Appeal; Supreme Court of United Kingdom; Gender Recognition Panels for England and Wales; and, First Tier Tribunals for the United Kingdom. Figures for these are disseminated in the following publications: Court Statistics Quarterly (including information formally in Judicial and Court Statistics) Gender Recognition Certificate Statistics Mortgage and Landlord Possession statistics Statistics on the use of language services in courts and tribunals Tribunals Statistics Quarterly (including information formally in Annual Tribunals Statistics) The focus of this document is mostly on civil and administrative aspects of these publications. However, there is some focus on criminal aspects in both Court Statistics Quarterly and Statistics on the use of Language Services in Courts and Tribunals.
    [Show full text]
  • English Law and Terminology. JUSTINE K
    English Law and Terminology. JUSTINE K. COLLINS The English Court System. The old structure. The new structure Introduction. • The English Court system is two-tiered- with one branch for civil cases and one for criminal cases. • The English Court structure is complicated and – in places – confusing, because it has developed over 1,000 years rather than being designed from scratch. • There is no branch for administrative law and no constitutional court. • Civil and criminal jurisdictions are not exclusive to certain courts as most courts deal with both types of law. • The courts structure covers England and Wales; the tribunals system covers England, Wales, and in some cases Northern Ireland and Scotland. • The present court system was established by the Judicature Acts of 1873-75. The Constitutional Reform Act 2005 is the most recent legislation regarding the court system and it established the Supreme Court which succeeded the House of Lords. The Breakdown- Magistrates Court. Magistrates’ Courts have both civil & criminal jurisdiction. Civil matters- deal largely with specific debt recovery- utility bills, domestic and matrimonial matters. Criminal matters- deal with minor offences or petty crimes. The court is of particular practical importance here as many criminal cases start and end here (summary trial). Magistrates can impose fines and limited imprisonment sentences. Cases are typically heard by a panel of 3 unpaid lay magistrates. Most complicated or sensitive cases are presided over by a district judge. Magistrates Court cont. Magistrates are appointed by the Lord Chancellor on advice of a local committee (Lay magistrates) or on via an application process (Stipendiary magistrates).
    [Show full text]
  • English Courts of the Present Day W
    Kentucky Law Journal Volume 9 | Issue 4 Article 3 1921 English Courts of the Present Day W. Lewis Roberts University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Courts Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Roberts, W. Lewis (1921) "English Courts of the Present Day," Kentucky Law Journal: Vol. 9 : Iss. 4 , Article 3. Available at: https://uknowledge.uky.edu/klj/vol9/iss4/3 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. ENGLISH COURTS OF THE PRESENT DAY. W. Lmis ROBERTS Professor of Law, University of Kentucky. The English Judicature Act of 1873 and the supplementary act of 1875 provided for a thorough reorganization of the courts of England and of English judicial procedure. We are all familia with the fact that cases in the common law courts decided before the former Vate are found either in the King's or Queen's Bench reports, in the Exchequer reports or in the Common Plea's relports; but that common law cases decided after that date are found in the reports of the Queen's Bench Division. Few of us, however, ever stop to think that sweeping changes lay behind this departure from the old way of reporting English law cases. Today the superior courts of England consist of the House of Lords, the Judicial Committee of the Privy Council, the Supreme Court of Judicature, and the Central Criminal Court.
    [Show full text]
  • Rules of the High Court of Justice 2009
    RULES OF THE HIGH COURT OF JUSTICE 2009 CONTENTS PART 1 : INTRODUCTORY 1-1 SCHEDULE 1 — ADDITIONAL RULE-MAKING POWERS 1-5 PART 2 : ADMINISTRATION 2-1 CHAPTER 1: DIVISIONS OF THE COURT 2-1 CHAPTER 2: JUDGES AND OFFICERS OF THE COURT 2-1 CHAPTER 3: GENERAL POWERS OF THE COURT 2-1 CHAPTER 4: FORMS AND PRACTICE DIRECTIONS 2-2 CHAPTER 5: TIME 2-3 CHAPTER 6: COURT DOCUMENTS 2-4 CHAPTER 7: SERVICE OF DOCUMENTS: GENERAL 2-8 CHAPTER 8: SERVICE OF CLAIM FORM 2-13 CHAPTER 9: SERVICE OUT OF THE JURISDICTION 2-14 CHAPTER 10: SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS 2-20 CHAPTER 11: CIVIL RESTRAINT ORDERS 2-21 CHAPTER 12: SANCTIONS 2-25 CHAPTER 13: STRIKING OUT OF DORMANT CLAIMS 2-26 SCHEDULE 2.1 — ELECTRONIC COMMUNICATION AND FILING OF DOCUMENTS (PD5, 5B) 2-28 PART 3 : PARTIES 3-1 CHAPTER 1: GENERAL 3-1 CHAPTER 2: ADDITION AND SUBSTITUTION OF PARTIES 3-2 CHAPTER 3: DEATH OF PARTY 3-4 CHAPTER 4: MINORS AND PATIENTS 3-5 CHAPTER 5: NOTICE TO NON-PARTIES 3-10 CHAPTER 6: REPRESENTATIVE ACTIONS 3-11 CHAPTER 7: GROUP LITIGATION 3-13 SCHEDULE 3.1 — DESCRIPTION OF PARTIES 3-16 SCHEDULE 3.2 — MINORS AND PATIENTS (PD21) 3-18 PART 4 : START OF PROCEEDINGS 4-1 CHAPTER 1: THE CLAIM FORM 4-1 CHAPTER 2: RESPONDING TO PARTICULARS OF CLAIM — GENERAL 4-3 CHAPTER 3: ACKNOWLEDGMENT OF SERVICE 4-3 CHAPTER 4: DISPUTING THE COURT’S JURISDICTION 4-5 PART 5 : CHOICE OF PROCEDURES 5-1 CHAPTER 1: GENERAL 5-1 CHAPTER 2: SMALL CLAIMS PROCEDURE 5-4 CHAPTER 3: SUMMARY PROCEDURE 5-6 CHAPTER 4: CHANCERY PROCEDURE 5-10 CHAPTER 5: ORDINARY PROCEDURE 5-12 SCHEDULE 5.1 —
    [Show full text]
  • Popoviciu V Romania Approved Judgment
    Neutral Citation Number: [2021] EWHC 1584 (Admin) Case No: CO/2793/2019 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT DIVISIONAL COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 11/06/2021 Before: LORD JUSTICE HOLROYDE MR JUSTICE JAY - - - - - - - - - - - - - - - - - - - - - Between: GABRIEL AUREL POPOVICIU Appellant - and - CURTEA DE APEL BUCURESTI (ROMANIA) Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Edward Fitzgerald QC, Peter Caldwell and Graeme Hall (instructed by Boutique Law LLP) for the Appellant Mark Summers QC and Daniel Sternberg (instructed by Crown Prosecution Service, Extradition Unit) for the Respondent Hearing dates: 15-19 March, 2021 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Covid-19 Protocol: This judgment will be handed down by the judge remotely by circulation to the parties’ representatives by email and release to Bailii. The date and time for hand-down will be deemed not before 11 am Friday 11 June 2021. Popoviciu v Romania Approved Judgment Lord Justice Holroyde: 1. Gabriel Popoviciu (“the appellant”) was convicted in Romania of two offences: accessory to aggravated abuse of power, and bribery. He was sentenced to a total of 7 years’ imprisonment, less the 24 hours he had spent under arrest. The whole of his sentence remains to be served. On 3 August 2017, a European Arrest Warrant (“EAW”) seeking the return of the appellant was issued by the Curtea de Apel in Bucharest (“the Bucharest Court of Appeal” or – in its capacity as the requesting judicial authority – “the respondent”). The appellant was arrested on 14 August 2017. On 12 July 2019, after a hearing in the Westminster Magistrates’ Court on 10 days spread over a period of nearly 6 months, District Judge Zani (“the DJ”) ordered the appellant’s extradition.
    [Show full text]
  • The Queen's Bench Guide
    The Queen’s Bench Guide A guide to the working practices of the Queen’s Bench Division within the Royal Courts of Justice 2021 1 Dedication Master Graham Rose died on 21 November 2020. He was a much-valued colleague who provided the most dedicated service to the Queen’s Bench Division over many years. This continued in retirement, with his meticulous assistance in the preparation of the last three editions of the QB Guide. This edition of the QB Guide is dedicated to Graham’s memory by his colleagues, with gratitude and affection. 2 Foreword by The Rt Hon. Dame Victoria Sharp, President of the Queen’s Bench Division As a result of the pandemic, we are now working under conditions that would have been unimaginable a year ago. The speed with which certain changes have been made, the use of remote hearings and the electronic filing of documents for example, has been remarkable. Just as remarkable is the way in which all those involved in the work of the Queen’s Bench Division have adapted to those changes. I would like to pay tribute to the many individuals who have played their part in ensuring that the work of this largest of the divisions of the High Court has continued apace throughout this period. This includes the judges, the Masters, HMCTS staff and professional court users. Against this background, the publication of the seventh edition of this guide is indeed timely and I am delighted to introduce it. The efficient management of court business has always been important but perhaps never more so than now.
    [Show full text]