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White & Case has won the right to have five out of the eight points of appeal to be heard in the House of Lords in the ongoing extradition saga of businessman Ian Norris.
Two months ago the firm lost its legal challenge to avoid extradition to the US for retired businessman Norris on charges of price-fixing and obstructing justice.
This morning (13 March), however, Lord Justice Auld and Mr Justice Field in the High Court certified five questions that White & Case says is integral to Norris’ case. The firm states that the three other points are “not key elements in Ian’s defence”, although it has requested a hearing on them.
The issues that can now be heard by the House of Lords in this case include whether price fixing is indictable under the banner of conspiracy to defraud and, if so, whether it matches the US offence of price fixing and satisfies the requirements of the Extradition Act 2003.
The Lords will also decide whether obstruction of or interference with US administrative, investigative or judicial authorities is an extradition offence under the Extradition Act 2003 and if the passage of time is a bar to Norris’ extradition, considering the US authorities have disclosed no evidence.
The three questions which cannot be heard by the Lords include whether Norris would be unjustly treated by curtailing his right to a family life and if the US had caused discrimination in relation to Article 14 of the European Convention of Human Rights.
If the case in the House of Lords fails Norris, who has prostate cancer, to be sent to faces charges that he was involved in fixing the price of carbon products between 1989 and 2000, charges he denies.
White & Case partner Alistair Graham acted for Norris, instructing Richard Gordon QC and Martin Chamberlain, both of Brick Court chambers.
David Perry QC and Miss Adina Ezekiel of 6 King’s Bench Walk acted for the US Government, while Khawar Qureshi QC of Serle Court represented the Home Office.