Edwin Holmes v Commonwealth of Australia

[2023] EWHC 580 (Admin)

Case details

Case citations
[2023] EWHC 580 (Admin)
Court
High Court (Administrative Court)
Judgment date
16 March 2023
Judgment text

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Subjects
Administrative Extradition Civil procedure
Keywords
extradition appeal death of appellant disposal without attendance publicly funded costs detailed assessment
Outcome
appeal disposed of and finally determined
Judicial consideration

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Summary

Where an appellant dies before an extradition appeal is heard, the court may dispose of and finally determine the appeal without attendance where the circumstances make continuation inappropriate and the parties raise no objection.

The court may make no order as to costs while directing detailed assessment of publicly funded costs.

Factual background

This was an extradition appeal listed for hearing on 16 March 2023. The appellant died at a hospice on 21 February 2023. His death certificate was provided to the respondent and the court. The court informed the parties that it was minded to list the case for disposal without attendance, and neither party objected or proposed an alternative course.

Held

  1. The appellant’s death meant that the extradition appeal could be disposed of without an attended hearing. The court was satisfied that this course was appropriate in the circumstances.
  2. The appeal was disposed of and finally determined. No substantive issue on the merits was decided.
  3. There was no order as to costs, save that the appellant’s publicly funded costs were to be subject to detailed assessment.

The court’s approach to earlier authorities

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Appellate history

The judgment records only that this was an extradition appeal listed for hearing before the Administrative Court. No citation for the decision under appeal is stated.

Key cases cited

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Cases citing this case

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