R (Bermingham and Others) v Director of the Serious Fraud Office

JurisdictionEngland & Wales
JudgeLORD JUSTICE LAWS,‘LORD JUSTICE LAWS’
Judgment Date21 February 2006
Neutral Citation[2005] EWHC 647 (Admin),CO/0934/2005,[2006] EWHC 200 (Admin)
CourtQueen's Bench Division (Administrative Court)
Docket NumberCase No: CO/934/2005 & CO/3620/2005
Date21 February 2006
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175 cases
  • Andrew Symeou v Public Prosecutor’s Office At The Court of Appeals, Patras, Greece
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 1 May 2009
    ...of process jurisdiction was spelt out by Laws LJ in Bermingham and others v Government of the United States of America and another [2006] EWHC 200 (Admin) [2007] QB 727. At para 97, Laws LJ said: “97. I should not leave the point without considering the nature of the juridical exercise in......
  • R (McKinnon) v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 31 July 2009
    ...in the US.” 37. We agree with that analysis. Submissions similar to those advanced by Mr Lawson were advanced on behalf of the appellant in Bermingham. There, neither the fact that the appellants were United Kingdom nationals nor anything else about their circumstances brought them within t......
  • Norris v Government of the United States of America (No 2)
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 15 May 2009
    ...justice, by reference to conduct relevant to the gravity of the offence for which he was rightly extradited. 48 In Bermingham & Ors [2006] EWHC Admin 200, [2007] QB 727 (which was heard back-to-back with Welsh & Thrasher) the court was again constituted by Ouseley J and myself. Again in t......
  • Arkadiusz Antczak v Regional Court in Szczecin, Poland
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 19 March 2014
    ...this type of extradition case, especially in the context of article 8 of the Convention. He referred us to passages in R(Bermingham) v Director of the Serious Fraud Office [2007] 2 WLR 635 at [121] and R v (Williams and Williams) v Public Prosecutor of Lille, Court of First Instance, France......
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2 firm's commentaries
  • Time To Cotton On: Managing Supply Chain Risks
    • United Kingdom
    • Mondaq UK
    • 15 March 2023
    ...for the Home Department & Others [2023] EWHC 88 (Admin) 2. Quoting R (Bermingham and others) v Director of the Serious Fraud Office [2005] EWHC 647 (Admin), CO/0934/2005, [2006] EWHC 200 (Admin) The content of this article is intended to provide a general guide to the subject matter. Specia......
  • Cross-Border Investigations Update - November 2015
    • United States
    • JD Supra United States
    • 4 November 2015
    ...Bermingham, Giles Darby and Gary Mulgrew; Bermingham & Ors, R (on the application of) v. The Director of the Serious Fraud Office [2006] EWHC 200 (Admin). 27 United States v. Tesler, et al., No. 09-CR-098 (S.D. Tex. Filed Feb. 17, 28 R v. Turner, Kerrison, Papachristos and Jennings, unrepor......
7 books & journal articles
  • Judicial review of executive power : legality, rationality and reasonableness (2)
    • South Africa
    • Sabinet Southern African Public Law No. 30-2, January 2015
    • 1 January 2015
    ...136 at 140.95R (Pepushi) v Crown Prosecution Service [2004] EW HC 798 para 49.96R (Bermingham) v Director of the Serious Fraud Office [2006] 3 All ER 239 para 63.97Per Lord Bingham, R (Corner House Research) v Director of Serious Fraud Office [2008] 4 All ER98927 (HL) paras 30-31. Kostuch v......
  • PROSECUTORIAL DISCRETION AND THE LEGAL LIMITS IN SINGAPORE
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • 1 December 2013
    ...1 All ER 772; R v Director of Public Prosecutions ex parte C[1995] 1 Cr App R 136; R (Bermingham) v Director of the Serious Fraud Office[2007] 2 WLR 635. In the UK, the discretion lies with the Crown Prosecution Office headed by the Director of Public Prosecutions, who is in turn accountabl......
  • Anand Sithian, ?but the Americans Made Me Do It!?: How United States v. Ubs Makes the Case for Executive Exhaustion
    • United States
    • Emory University School of Law Emory International Law Reviews No. 25-1, March 2011
    • Invalid date
    ...Enforcement of Intellectual Property Rights, WT/DS362/R (Jan. 26, 2009).See, e.g., Bermingham v. Dir. of the Serious Fraud Office, [2006] EWHC (Admin) 200, [2007] 2W.L.R. 635 (Eng.) (analyzing an extradition treaty).among the parties to these actions and the foreign governments involved . .......
  • The Forum Bar in UK Extradition Law: An Unnecessary Failure
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 84-2, April 2020
    • 1 April 2020
    ...of high-profile cases have highlighted the issue of forum ...’, (n 1) para 1.16.29. R (Bermingham) v Director of the Serious Fraud Office [2007] QB 727. Warbrick notes the ‘unusual public profile’ of theNatWest Three case in C Warbrick, ‘Recent Developments in UK Extradition Law’ (2007) 56 ......
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