header-logo header-logo

16 March 2007 / Ana Stanic
Issue: 7264 / Categories: Features , Constitutional law , Commercial
printer mail-detail

Fat cats beware

US/UK extradition procedures leave few get-out clauses for white collar criminals, says Ana Stanic

Norris v Government of the US [2007] EWHC 71 (Admin), [2007] All ER (D) 199 (Jan) is only the second instance in which the Divisional Court has confirmed that a British national should be extradited for white collar crimes pursuant to the controversial US/UK Treaty of Extradition 2003 (the Treaty) and the Extradition Act 2003 (EA 2003).

The first time such extradition proceedings were brought under the Treaty and EA 2003 was in respect of the three NatWest bankers in the high-profile Enron-related case. That case confirmed that the Treaty and EA 2003’s removal of the requirement to establish a prima facie case for extradition from the UK to the US does not breach the provisions of the European Convention on Human Rights (the Convention).

In Norris the High Court addressed the following issues:
(i) Is a conspiracy to price-fix a crime under English law and, in particular, a conspiracy to defraud?
(ii) Does a person need to be capable of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll