White & Case in bid to take extradition case to the Lords
Legal Week reports
March 08, 2006 at 07:03 PM
3 minute read
White & Case is planning to go to the House of Lords in its ongoing battle to prevent the extradition of British businessman Ian Norris – taking a lead role on one of the most high-profile white-collar crime investigations of recent years.
The case, which coincides with the current battle over the extradition of three former NatWest bankers in relation to the Enron scandal, has provoked fresh claims that anti-terrorism laws are being used to target alleged white-collar crime.
Norris faces extradition to the US on charges of price-fixing during his time as chief executive of engineering group Morgan Crucible.
White & Case London litigation partner Alistair Graham is submitting an application to have the case face a judicial review in the House of Lords after the High Court dismissed an application for judicial review on 24 February. The judgment came three days after West End firm Jeffrey Green Russell lost its High Court appeal to prevent the extradition of the so-called NatWest Three (Gary Mulgrew, Giles Darby and David Bermingham) to the US. That case is now going to the House of Lords.
Graham and counsel Alun Jones QC, of 37 Great James Street Chambers, argue that the Lords should review the then Home Secretary David Blunkett's decision to designate the US as a country with which the UK has a non-reciprocal fast-track extradition treaty, because it puts UK citizens at a dis-advantage to US counterparts.
In a further mark of concern regarding the issue, the GC100, the group of senior company lawyers set up last year, has written to the Home Office to protest at the use of the 2003 Extradition Act in corporate investigations.
Graham told Legal Week: "On one level, the decision went against us, but at the same time it confirmed that the treaty agreement is completely lopsided. The extradition arrangements with the US are unfair and the impact on UK business people is dramatic."
Joe Cyr, a litigation partner at Lovells in New York, said: "UK corporates need to advise senior executives and consultants of their exposure to US laws that provide for criminal liability. US authorities are increasing their focus on financial crimes and we will see an increase in these requests for extradition."
Treasury solicitor Christopher Ashford is acting for the Home Office while Paul Close at the Crown Prosecution Service is acting for the US Government.
White & Case is also acting for Norris in the appeal against the decision to extradite him, which is yet to be heard.
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