The Lords ruled this morning (12 March) that White & Case client Ian Norris (pictured left) could not be extradited over his alleged involvement in the price-fixing of carbon products before the Enterprise Act 2002 made price-fixing a criminal offence in the
White & Case head of dispute resolution Alistair Graham, who represented Norris, commented: “We’re absolutely delighted that the House of Lords has upheld what we’ve been saying for more than two years: namely, that no criminal offence for price-fixing existed in the UK prior to the enactment of the Enterprise Act 2002 and that price-fixing in itself cannot be characterised as the old English common-law offence of conspiracy to defraud.
“[The] attempts to extradite Ian on this basis were of grave concern to the
Jones Day client Goldshields had intervened in the case after contesting a similar point on conspiracy to defraud amid Serious Fraud Office allegations that it was involved in the price-fixing of drugs provided to the NHS.
Litigation partner Craig Shuttleworth led the Jones Day team, with Blackstone Chambers’ David Pannick QC and Thomas de la Mare instructed as counsel.
Despite today’s ruling, Norris could still be extradited on the lesser charge of obstructing justice. That matter has been referred back to the district court.
