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Res judicata, oppression and abuse of process in Scots extradition law.

Arnell, Paul

Authors

Paul Arnell



Abstract

This article considers Iliev (Ilia) v HM Advocate (HCJ Appeal), refusing permission to appeal against a decision to extradite the applicant to Romania under a European arrest warrant on the grounds of res judicata or abuse of process arising out of the fact that a Swedish court had already refused to order his extradition and that he would be subject to inhuman or degrading treatment due to the conditions of his detention in Romania.

Citation

ARNELL, P. 2021. Res judicata, oppression and abuse of process in Scots extradition law. Scots law times [online], 25, pages 94-96. Available from: https://uk.westlaw.com

Journal Article Type Article
Acceptance Date May 10, 2021
Online Publication Date Aug 20, 2021
Publication Date Aug 20, 2021
Deposit Date Aug 26, 2021
Publicly Available Date Aug 21, 2022
Journal Scots law times
Print ISSN 0036-908X
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 2021
Issue 25
Pages 94-96
Item Discussed Iliev (Ilia) v HM advocate [2021] HCJAC 26. 2021. S.L.T. 960
Keywords Abuse of process; European arrest warrants; Extradition proceedings; Inhuman or degrading treatment or punishment; Oppression; Permission to appeal; Res judicata; Romania; Scotland
Public URL https://rgu-repository.worktribe.com/output/1411852
Publisher URL https://uk.westlaw.com