AC-2023-LON-001835 - [2025] EWHC 2770 (Admin)

Fecha: 29-Oct-2025

The application to amend to advance proposed Grounds 2 and 3

The application to amend to advance proposed Grounds 2 and 3

50.

As I have indicated, Mr Beraru seeks to add two additional grounds, and to adduce further evidence in relation to them. That evidence is a statement from Mr Beraru’s Romanian lawyer to the following effect:

The matter is still at the pre-trial phase, and the Romanian court is currently tasked with verifying the legality of the criminal investigation and the indictment.

ii)

This procedural stage has been ongoing since 16 June 2023 and is anticipated to last for another six months.

iii)

Factoring in the possibility for either party to appeal against the Romanian court’s decision on these procedural matters, the substantive trial (if required) is unlikely to commence for another 1 – 2 years.

iv)

Mr Beraru has participated in the last six hearings via video conference, and has been legally represented at all hearings.

On 28 November 2024, Mr Beraru applied for the revocation of the national arrest warrant against him. This application was made on the basis that the warrant is no longer necessary, given that he is actively participating in the proceedings and that other defendants charged with more serious offences are not subject to preventative arrest warrants. This application was refused. Mr Beraru appealed against this decision on 10 January 2025, and this appeal was also refused.

vi)

The Romanian court has, however, lifted some restrictions pertaining to Mr Beraru’s assets.

51.

The Respondent has indicated that it does not oppose the court considering that evidence without prejudice to its admissibility, but submits that the grounds are not arguable and the additional evidence is not decisive (applying Fenyvesi v Hungary [2009] EWHC 231 (Admin), [32]). It has not adduced reply evidence.