PRISACARIU v ROMANIAN JUDICIAL AUTHORITY

An unopposed application to adjourn an appeal may be granted where counsel is unexpectedly unavailable. The court may use the adjournment to obtain updated evidence relevant to the appellant’s circumstances and set a structured timetable for further evidence and submissions.

The appellant’s extradition appeal was listed for hearing. On the hearing date, the appellant’s counsel was unexpectedly unwell and the appellant was unrepresented. The respondent did not oppose an application to adjourn. The court therefore considered the adjournment application and consequential directions concerning updated evidence about the appellant’s two-year-old daughter, further evidence, submissions and relisting.

1. The unopposed application to adjourn the appeal hearing was granted because the appellant’s counsel had unexpectedly become unwell.
2. The court directed preparation of an updated section 7 report concerning the circumstances of the appellant’s two-year-old daughter.
3. The appellant was permitted to seek reliance on further evidence by serving it with an application for permission. The parties were given sequential dates for updated submissions or skeleton arguments.
4. The appeal was directed to be listed on the first available date after 14 February, with a two-hour time estimate and half a day’s reading time.
5. The appellant was also directed to refile the skeleton argument dated 26 October 2021 to correct an apparent omission from paragraph 39.

The merits of the appeal were not heard. The High Court (Administrative Court) adjourned the listed appeal hearing and gave directions for updated evidence, submissions and relisting.