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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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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