Clifford Chance

UK Supreme Court narrows test for extradition

21 February 2025

The UK Supreme Court has delivered an important judgment in the case of El-Khouri v Government of the United States of America, clarifying the interpretation of the dual criminality rule under the Extradition Act 2003 (and in the process clarifying the territorial scope of the UK primary money laundering offences).

The effect of the judgment will be to curtail the ability of foreign governments (most often the US) to seek extradition from the UK based on acts committed in the UK with an overseas impact (in this case insider dealing). It also throws into question some prior extradition requests which the courts have previously granted.

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