Andrzejewski v Regional Court In Czestochowa

An extradition appeal may be struck out where the appellant fails to comply with an order requiring perfected grounds of appeal. Where necessary to set time running under the extradition regime, the court should also dismiss the appeal. A new ground raised for the first time on appeal requires supporting evidence and may be refused permission where no adequate evidence is provided.

A European Arrest Warrant sought the appellant’s extradition to Poland to serve a sentence of imprisonment. A District Judge ordered extradition after an essentially uncontested hearing. On appeal, the appellant raised a new family-related ground without evidence and failed to comply with an order requiring perfected grounds of appeal within 21 days. He did not attend the appeal hearing. The central issues were whether the new ground should be permitted and what consequence should follow from non-compliance with the order.

1. The court refused permission to rely on the appellant’s proposed family-related ground, which had not been raised before the District Judge and was unsupported by evidence. Applying Fenyvesi, the ground was not one that permission should be given to raise for the first time on appeal.
2. Under CPR 3.4(2)(c), the court had power to strike out a statement of case for failure to comply with a rule, practice direction or court order. CPR 52.9 confirmed that a similar power applied to a notice of appeal in an appeal court.
3. The appellant’s failure to submit perfected grounds within the ordered 21-day period, together with his failure to participate constructively in the appeal, demonstrated that he did not intend to pursue the litigation seriously. Striking out the appeal was the only proportionate response.
4. Because the matter was an extradition appeal, the court also dismissed the appeal to set time running. The court corrected an incidental factual error after counsel clarified that the District Judge had made no finding on whether the sentence had been suspended.

• District Judge: ordered the appellant’s extradition after a hearing on 20 February 2012.
• High Court (Administrative Court): struck out and dismissed the appeal.