[2010] EWHC 2149 (Admin)

The Extradition Act 2003 s.28 and CPR PD 52 para.5.19 required a requesting state wishing to appeal against an individual's discharge from extradition to serve a sealed copy of the notice of appeal on the intended respondent. Service of a draft notice of appeal within the permitted period, albeit followed by the filing of a sealed copy of the notice outside that period, would not satisfy the requirement of s.28 that notice be given "in accordance with the rules of court ", and an appeal was thereby rendered invalid as being out of time.

DC (Stanley Burnton LJ, Nicol J)

12/08/2010