R v Whittle and another

JurisdictionEngland & Wales
CourtCourt of Appeal (Criminal Division)
JudgeLady Justice Hallett
Judgment Date14 November 2008
Neutral Citation[2008] EWCA Crim 2560
Docket NumberCase No: 200803810 A2
Date14 November 2008

Court of Appeal, Criminal Division

Before Lady Justice Hallett, Mr Justice Foskett and Judge Morris, QC

Regina
and
Whittle Regina v Allison Regina v Brammar
No guidelines in cartel plea-bargain sentences

Minimum sentences agreed by United Kingdom employees admitting cartel offences in a plea agreement with the United States authorities and substituted on appeal were not to be treated as guidelines.

The Court of Appeal, Criminal Division allowed sentence appeals by Peter Whittle and Bryan Allison, each imprisoned for three years, and David Brammar, sentenced to 30 months, by Judge Rivlin, QC, at Southwark Crown Court on June 10, 2008, following their guilty pleas to a cartel offence...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
3 cases
  • DPP v Patrick Duffy and Another
    • Ireland
    • High Court
    • 23 March 2009
    ...MOTORS CONTINENTAL NV v EUROPEAN CMSN 1975 ECR 1367 FAULL & NIKPAY EC LAW OF COMPETITION 2ED 2007 R v WHITTLE, ALLISON & BRAMMAR 2009 1 LLOYD'S REP FC 77 2008 EWCA CRIM 2560 ENTERPRISE ACT 2002 S188 (UK) ENTERPRISE ACT 2002 S190 (UK) O'MALLEY SENTENCING LAW & PRACTICE 2ED 2006 PARA 2.11 COM......
  • R (Cityhook Ltd) v Office of Fair Trading
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 20 January 2009
    ...June 2003 it has been concerned with pursuing criminal cases against individuals under section 188 of the Enterprise Act (see, eg, R v Whittle and others [2008] EWCA Crim 2560). It has other duties under other statutory 116 These general observations have been made in relation to the six cr......
  • R v Innospec Ltd
    • United Kingdom
    • Crown Court
    • Invalid date
3 firm's commentaries
  • Current Issues in US/UK Cross Border Criminal Cases
    • United Kingdom
    • Mondaq United Kingdom
    • 26 August 2010
    ...21 March 1983 : ETS NO.112) See for example the split jurisdiction deal in the Marine Hose cartel case – R v Whittle and others [2008] EWCA Crim 2560 Guidance for Handling Criminal Cases with Concurrent Jurisdiction between the United Kingdom and the United States of America signed by the A......
  • New UK Competition And Markets Authority: What's In A Name?
    • United Kingdom
    • Mondaq United Kingdom
    • 16 April 2012
    ...measures passed and operational by April 2014. The remaining measures will be implemented gradually. Footnote R v Whittle and others [2008] EWCA Crim 2560, R v G and others [2010] EWCA Crim The content of this article is intended to provide a general guide to the subject matter. Specialist ......
  • Global Settlements
    • United Kingdom
    • Mondaq United Kingdom
    • 4 March 2010
    ...judiciary is asked to approve a settlement reached outside jurisdiction. The UK Court of Appeal decision in R. v Whittle and others [2008] EWCA Crim 2560 offers a good illustration. The facts arose from the Marine Hose cartel. The appellants were the three UK executives that were arrested i......
5 books & journal articles
  • Cartel Cases Under Non-U.S. Competition Laws
    • United States
    • ABA Antitrust Library International Antitrust Cartel Handbook
    • 6 December 2019
    ...years and twenty months, which were the levels equivalent to those of the U.S. plea-bargaining agreements ( R v. Whittle [2008] EWCA Crim 2560). Under the England and Wales system, there is generally no place for plea-bargaining agreements between the prosecution and the defense. The Court ......
  • United Kingdom
    • United States
    • ABA Antitrust Library Competition Laws Outside the United States. Volume II - Third Edition
    • 2 February 2020
    ...implement such arrangements, or to cause such arrangements to be made or implemented. 170. With respect to the Marine Hoses Cartel, [2008] EWCA Crim 2560, the OFT prosecuted key individuals for the cartel offense notwithstanding the ongoing administrative proceedings before the European Com......
  • The Risks of Noncompliance
    • United States
    • ABA Antitrust Library Antitrust Compliance: Perspectives and Resources for Corporate Counselors Perspectives on Antitrust Compliance Perspectives on Designing Compliance Programs
    • 1 January 2010
    ...129. Hammond, Recent Developments , supra note 5, at 19-20. 130. See R v. Whittle, [2009] UKCLR 247, [2009] Lloyd’s Rep FC 77, [2008] EWCA Crim 2560 (2008), available at http://www.bailii.org/ew/cases/EWCA/Crim/2008/2560.html; DOJ Press Release, Statement of Thomas O. Barnett, Assistant Att......
  • Beyond the Theoretical: Articulating Enforcement Strategies for Successful European Antitrust Criminalization
    • United States
    • ABA Antitrust Library Antitrust Law Journal No. 81-1, June 2016
    • 1 June 2016
    ...Practice Concerning US Extradition Requests in Cartel Cases , 1 J. EUR. COMPETITION L. & PRAC. 286, 287 (2010). 177 R v. Whittle [2008] EWCA (Crim) 2560. 178 Calvani & Calvani, supra note 19, at 139–40. 179 Plea Agreement, United States v. Allison, No. H-07-487-01 (S.D. Tex. Dec. 3, 2007), ......
  • Get Started for Free