RPX -v- Court of Bari (Italy)
Case number: AC-2023- LON-002274
CO/2762/2023
In the High Court of Justice
King’s Bench Division
Administrative Court
23 January 2023
Before:
Sir Duncan Ouseley sitting as a Judge of the High Court
Between:
RPX
-v-
Court of Bari (Italy)
Order
NOTIFICATION of the Judge’s decision (Crim PR 50.22)
Following consideration of the documents lodged by the Appellant and the Respondent
ORDER by SIR DUNCAN OUSELEY sitting as a Judge of the High Court
1. The application for permission to appeal is adjourned to be listed for hearing as a “rolled up hearing”, on notice to the Respondent. If permission to appeal is granted at that hearing, the Court will proceed immediately to determine the substantive appeal.
2. Time for the hearing of the appeal under Crim PR 50.23 is extended to the hearing date.
3. The appeal will be listed for hearing as soon as possible this term. The listing date will be fixed by the Listing Office and save in exceptional circumstances, regard will not be given to an advocate’s existing commitments.
4. The time estimate for the hearing is 1 hour. If the parties are of the view that a different time estimate is required they must notify the Court within 5 business days of the date of this Order.
5. The case shall be listed and referred to as RPX
6. Extensions of time granted for the lodging and serving of Perfected Grounds (to 5 September 2023) and Respondent’s Notice (to 9 October 2023).
Observations
1. The only arguable issue is whether, under Article 3, the District Judge was unduly sanguine about the promptness with which protective measures would be provided in Italian custody, and the interim risk which the RP might be facing.
2. It may be arguable that, in the very particular circumstances of this case, it was wrong for the District Judge to have relied on the general duties of the Italian authorities in relation to protection under Article 3, and past/present willingness to provide protective measures, to cover the entire period after the RP enters their custody, without specific acknowledgement that such measures will be provided from the outset.
3. I see no reason why the RP should not convey such a request to them via the CPS, nor why the CPS should not also do so. A formal judicial request seems unnecessary. If such protection will be in place without delay upon his being taken into custody, then there will be no need for the hearing to proceed, and his solicitors should so inform the court. This seems a faster route than waiting for a renewed permission hearing.
4. The case was listed by without name on the orders of the District Judge, and that should continue but in the form I have ordered.
Case management directions
1. The parties are under a duty to comply with the directions that follow. If the parties are unable to do so, they are under an obligation to explain to the Court the reasons for any non-compliance. and to seek such further direction as may be necessary to ensure that the case is dealt with expeditiously and fairly. Failure to comply with these directions may lead to the appeal being determined on the material before the Court at the date of the hearing and may have costs consequences.
2. If you are a litigant in person or cease to be represented these directions apply to the appeal and, if you are in custody, the appeal will be heard by live link from the prison.
3. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than [5] business days before the date of the hearing of the appeal. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court lodge 2 hard-copy versions of the hearing bundle.
4. The Appellant will file and serve a skeleton argument [5] business days prior to the hearing date. This may be filed by email to crimex@administrativecourtoffice.justice.gov.uk
5. The Respondent will file and serve a skeleton argument [3] business days prior to the hearing date. This may be filed by email to crimex@administrativecourtoffice.justice.gov.uk
6. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing of the appeal. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court not less than [3] business days before the date of the hearing of the appeal.
7. The parties will promptly notify the Court of any further directions that may be required to ensure that the appeal proceeds on the date that has been fixed for the hearing.
8. Any application to vary these directions must be made on Form EX244. A fee is payable, please refer to the full list of fees at https://www.gov.uk/court-fees-what-they-are