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07 June 2012
Issue: 7517 / Categories: Case law , Law digest , In Court
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Extradition

Assange v Swedish Prosecution Authority [2012] UKSC 22, [2012] All ER (D) 232 (May)

“Judicial authority” in Pt 1 of the Extradition Act 2003 should be accorded the same meaning as it bore in the Framework Decision and that term was properly to be understood as including public prosecutors. The purpose of the Framework decision was to introduce a system of surrender between judicial authorities for those accused or convicted of serious criminal offences which required each of the member states to give a uniform interpretation of the phrase “judicial authority”. Article 31.3(b) of the 1969 Vienna Convention on the Law of Treaties permitted recourse, as an aid to interpretation, to “any subsequent practice in the application of the treaty which established the agreement of the parties regarding its interpretation”.

When one considered the daft September Framework Decision, it was beyond doubt that “judicial authority” was a term that embraced both a court and a public prosecutor. Although the precise definition of “judicial authority” was removed from the final draft, the overall scheme of the warrant did not change from that proposed in the September draft.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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