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North America

We have worked in several cases involving the US and Canada, including international arbitrations and advice to government departments, companies and individuals.

Prine Jones v Government of the United States of America and the Secretary of State for the Home Department (UK High Court)

Aaron Watkins represented the respondent US Government in extradition proceedings in the UK High Court. The case concerned an individual arrested for cocaine smuggling at a UK airport. The appellant was then charged in the US for actions relating to the same smuggling operation. It was argued that the case was one of double jeopardy as the charges related to the same crime. The respondents were successful and the appeal dismissed.

Tappin v Government of the United States of America (High Court)

Aaron Watkins represented the defendant US government in extradition proceedings in the UK High Court. The appellant argued that extradition would be a breach of his article 8 right (right to family life) and oppressive due to the delay that was caused in the extradition process, considering the deteriorating condition of the appellant’s wife. The appeal was dismissed as his article 8 rights were outweighed by the seriousness of his crime.

McKinnon v Government of the United States of America (UK Supreme Court)

Clare Montgomery QC and Mark Summers QC acted for the respondent American government in this leading and high profile extradition case heard in the UK Supreme Court. It concerned a British citizen accused of gaining unauthorised access to US Government computers whilst resident in London. The issues considered whether plea bargaining in the US amounted to an attempt to waive the appellant’s legal rights. The respondents were successful and the appeal was dismissed.

Mobil Investments Canada Inc & Murphy Oil Corporation v Government of Canada (ICSID arbitration)

Professor Philippe Sands QC acted as an arbitrator in the International Centre for the Settlement of Investment Disputes. The case concerned two corporations who had invested in offshore petroleum projects located off the coast of the Province of Newfoundland and Labrador in Canada. They contested the validity of the guidelines adopted by the Canada-Newfoundland Offshore Petroleum Board that imposed compulsory amounts to be paid by the investors, arguing that they violated the North American Free Trade Agreement.

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