Jurisdiction(s):
United Kingdom

El-Khouri: UK Supreme Court rejects effects-based territoriality, overruling Cando Armas and limiting US extradition where physical acts occurred in the UK

Published on: 14 February 2025

Published by a Law360 reporter

Legal News

Article summary

On 12 February 2025, the UK Supreme Court determined that Joseph El‑Khouri cannot be extradited to the United States to answer insider dealing allegations, as the purported wrongdoing occurred in Britain rather than America. In reaching this view, the justices effectively set aside a 2005 House of Lords authority that had enabled foreign jurisdictions to pursue conduct outside their borders if its impact was nonetheless ‘felt’ there.

Edward Grange, an extradition partner at Corker Binning, said the ruling will send ‘seismic shockwaves’ through the US Department of Justice and may prompt a rethink of matters presently before the courts. He noted that treating conduct occurring ‘in’ the US as the place where the acts cited in the extradition request were physically undertaken could seriously limit the US in seeking the surrender of suspects in cross‑border cases when the physical behaviour took place outside the US.

The Supreme Court reversed two lower court decisions that had approved El‑Khouri’s removal. Those courts had reasoned that, although the alleged insider dealing was carried out while he was in the UK, the consequences were experienced on US financial markets...

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