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07 June 2012
Issue: 7517 / Categories: Legal News
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Another day in court for Assange?

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
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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