Norris v Government of the United States of America

[2010] UKSC 9

Ratio Decidendi

Extradition will not be unjust or oppressive by reason of the passage of time unless the delay has caused serious prejudice to the requested person that makes a fair trial impossible or extradition oppressive.

Facts

Ian Norris, a former CEO, was requested by the US for extradition on price-fixing charges. He argued the delay in proceedings made extradition oppressive.

Judgment Summary

The Supreme Court held that the passage of time bar requires the requested person to show that the delay is such that it would be unjust or oppressive to extradite. The threshold is high.

Key Quotes

"The question is whether the passage of time makes it unjust or oppressive to extradite the requested person."
— Lord Phillips

Subsequent Treatment

Applied

Regularly cited in extradition appeals involving delay.