Norris v United States of America & Ors [2007] EWHC 71 (Admin) (25 January 2007)

Norris v United States of America & Ors [2007] EWHC 71 (Admin) (25 January 2007)

The conduct alleged against Mr Norris, namely secret price-fixing and related dishonest acts, was capable of amounting to the common law offence of conspiracy to defraud in England & Wales at the material time. The absence of a dishonesty requirement in US law does not preclude extradition, as double criminality is satisfied by reference to the conduct. Obstruction of justice and witness tampering are also extradition offences. There is no bar to extradition on grounds of delay or incompatibility with ECHR rights. The appeals are dismissed.

Citation
[2007] EWHC 71 (Admin)
Parties
Appellant: Ian Norris; First Respondent: The Government of the United States of America; Second Respondent: The Secretary of State for the Home Department; Third Respondent: Bow Street Magistrates' Court; First Intervening Party: Goldshield Group PLC; Second Intervening Party: Serious Fraud Office
Jurisdiction
England and Wales
Judgment Date
25 January 2007
Procedural Posture
Extradition Appeal / High Court (administrative Court) Judgment on Appeal From Bow Street Magistrates' Court and Secretary of State's Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Offences, Double Criminality, Conspiracy to Defraud, Price Fixing, Obstruction of Justice, Delay in Prosecution, Article 8 ECHR, Article 14 ECHR
Criminal Law Extradition Law Competition Law Human Rights Law Extradition Offences Double Criminality Conspiracy to Defraud Price Fixing +4 more

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Parties

Ian Norris

Appellant

The Government of the United States of America

First Respondent

The Secretary of State for the Home Department

Second Respondent

Bow Street Magistrates' Court

Third Respondent

Goldshield Group PLC

First Intervening Party

Serious Fraud Office

Second Intervening Party

Procedural Posture

Extradition Appeal / High Court (administrative Court) Judgment on Appeal From Bow Street Magistrates' Court and Secretary of State's Extradition Order

Legal Issues

  1. 1 Whether the alleged offences are extradition offences under section 137 of the Extradition Act 2003
  2. 2 Whether price-fixing conspiracy constituted a criminal offence in England & Wales at the material time
  3. 3 Whether the absence of dishonesty in US price-fixing law precludes extradition (double criminality)

Ratio Decidendi

The conduct alleged against Mr Norris, namely secret price-fixing and related dishonest acts, was capable of amounting to the common law offence of conspiracy to defraud in England & Wales at the material time. The absence of a dishonesty requirement in US law does not preclude extradition, as double criminality is satisfied by reference to the conduct. Obstruction of justice and witness tampering are also extradition offences. There is no bar to extradition on grounds of delay or incompatibility with ECHR rights. The appeals are dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extradition of Ian Norris to the United States of America is upheld
  • No bar to extradition on grounds of delay or human rights