Norris v United States of America [2008] UKHL 16

House of Lords judgment (about 37 pages) quashing the High Court judgment that a UK national and resident can be extradited to the US to face cartel charges.

This is based on the following characterisation of the common law concept of conspiracy to defraud (the alleged acts took place before the Enterprise Act 2002 cartel offence existed):

17 ... The common law recognised that an agreement in restraint of trade might be unreasonable in the public interest, and in such cases the agreement would be held to be void and unenforceable. But unless there were aggravating features such as fraud, misrepresentation, violence, intimidation or inducement of a breach of contract, such agreements were not actionable or indictable.

The fate of Mr Norris is remitted to a lower court to determine whether extradition can be sought on the basis of allegations of obstruction of justice.

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, UK courts.

Reckon LLP is an economics consultancy with expertise in data analysis, economic regulation and competition law.

About Reckon