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23 May 2025
Issue: 8117 / Categories: Legal News , Extradition , Criminal , Procedure & practice , International
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NLJ this week: No trading places with the dual criminality safeguard

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The Supreme Court recently re-examined the dual criminality rule ‘in a judgment that is reckoned to have caused consternation within the US Department of Justice’, David Walbank KC, Red Lion Chambers, writes in this week’s NLJ


Walbank considers the Supreme Court’s reasoning in El-Khouri v Government of the USA, which concerned an extradition request where insider dealing was alleged. He highlights two striking aspects of this reasoning.

Walkbank looks at the court’s treatment of the dual criminality rule, ‘whereby the conduct forming the basis of the extradition request must constitute a crime under the laws of both the requesting state and the requested state’. 

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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