01 March 2012
R (on the application of Aldhouse) v Royal Government of Thailand and another [2012] EWHC 191 (Admin), [2012] All ER (D) 139 (Feb)
On its true construction, the requirement under s 103(9) of the Extradition Act 2003 that notice of appeal be given within a particular time and unalterable time limit meant that it had to be lodged with the court and served on the respondent or respondents to the appeal. That was the obvious meaning of the requirement to give notice of an appeal without further specification. It would have required clear words to make service of notice of appeal on a person who was not a respondent, nor even a party to the appeal, a prerequisite of the court’s jurisdiction to entertain the appeal.
