header-logo header-logo

Supreme Court pushes back against US ‘overreach’

19 February 2025
Issue: 8105 / Categories: Legal News , International justice , Criminal , Extradition
printer mail-detail
A man suspected of insider trading has escaped extradition due to the double criminality rule, in a landmark case that ‘effectively overturns’ a 20-year-old House of Lords precedent.

Ruling in El-Khouri v Government of the United States of America [2025] UKSC 3 last week, the Supreme Court quashed the order to extradite El-Khouri to the US, where he is charged with 17 offences. The appeal concerned the definition of an ‘extradition offence’ and the operation of the double criminality rule in s 137 of the Extradition Act 2003.

George Hepburne Scott, Church Court Chambers, said: ‘Crimes alleged abroad must also be crimes in the UK—the so-called “transposition” or “double criminality” test.

‘Therefore, if the relevant conduct occurs outside the requesting state, in order to be an extradition offence it must be an extra-territorial offence in the UK. The fundamental issue was that this offence is not an extra-territorial offence in the UK.

‘Previously, the law permitted such extra-territorial offending to constitute an extradition offence by use of the English common law purposive approach which included consideration of where the conduct was felt. The Supreme Court held that this was the wrong approach and did not reflect the clear statutory language of the Extradition Act 2003 in this regard.’

Richard Cannon, solicitor for El-Khouri, said the judgment ‘represents an important check on overreach by the US authorities in the way the US/UK extradition treaty operates.

‘From the outset, it has been clear that London was at the centre of the alleged misconduct in this case and the links to the US were tenuous. However, the US authorities relied upon the intended consequences of the alleged unlawful conduct to try to establish in law that it occurred inside their territory, relying upon a 20-year-old House of Lords precedent [Office of the King's Prosecutor, Brussels v Cando Armas [2005] UKHL 67].

‘The Supreme Court effectively overturned this precedent and found that in similar cases in the future the court would not be concerned with where the consequences of conduct were felt, but with where the conduct physically took place. If the conduct took place abroad, the UK court will only order extradition if it is satisfied that in corresponding circumstances equivalent conduct could justify extradition to or prosecution in the UK.’

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll