header-logo header-logo

Another day in court for Assange?

07 June 2012
Issue: 7517 / Categories: Legal News
printer mail-detail

Stay of execution for Wikileaks founder

The Supreme Court has granted a stay of execution for Wikileaks founder Julian Assange, following an unusual legal challenge made after the judgment was published.

Seven justices of the Supreme Court ruled last week that a public prosecutor in Sweden is a “judicial authority” for the purposes of the Extradition Act 2003 (EA 2003), in the case of Assange v Swedish Prosecution Authority [2012] UKSC 22.

This cleared the way for Assange to be handed over to Sweden, where he has been accused of rape and sexual molestation.

However, Dinah Rose QC, counsel for Assange, indicated that she may make an application to have the court’s decision re-opened since the majority of the court appear to have based their decision on an interpretation of the 1969 Vienna Convention on the Law of Treaties, on which no argument was heard.

The court granted Rose 14 days to make the application. If she does, the justices may decide to re-open the appeal and accept further submissions on the matter.

The majority of the court (Lord Mance and Lady Hale dissenting) held the UK should interpret EA 2003 in accordance with the European Council’s Framework Decision on the European Arrest Warrant(EAW), even though it is not bound to do so.

Delivering judgment, Lord Phillips noted that an earlier draft of the Framework Decision expressly stated that a prosecutor was a “judicial authority”. Any intention to restrict the power to issue EAWs would have made express, he said, the reason for the change was to widen rather than narrow the scope of the term.
 

Issue: 7517 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll