Norris v United States of America [2007] EWHC 71 (Admin)

High Court judgment (about 40 pages) by two judges on appeal from a magistrates' court and a ministerial decision in an extradition case involving alleged price fixing. The United States government (supported by UK authorities) seeks the extradition of a UK national and resident on charges of price fixing in the US contrary to Section 1 of the Sherman Act. The judges held that the facts alleged by the United States fell within "the broad umbrella offence of conspiracy to defraud" in English common law, and that this was sufficient to permit extradition under the Extradition Act 2003 (even though the Sherman Act offence is broader than the dishonesty-based English offence). The alleged facts occurred before the introduction of the UK cartel offence by the Enterprise Act 2002 (which is also based on dishonesty).

Update, 14 March 2007: The High Court has allowed an appeal to the House of Lords, on the grounds that this was an issue of public importance (which means that the judges did not need to express a view on whether there was a reasonable prospect of success for the appeal).

Update, June 2007: The House of Lords has agreed to hear the appeal.

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, UK courts.

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