7.
(2) Subject to subsections (3) and (4) below, the
qualifying defendant shall be entitled to recover from
the party in whose favour the judgment was given so
much of the amount referred to in subsection (1) above
as exceeds the part attributable to compensation; and
that part shall be taken to be such part of the amount
as bears to the whole of it the same proportion as the
sum assessed by the court that gave the judgment as
compensation for the loss or damage sustained by that
party bears to the whole of the damages awarded to that
party.
(3) Subsection (2) above does not apply where the
qualifying defendant is an individual who was ordinarily
resident in the overseas country at the time when the
proceedings in which the judgment was given were instituted
or a body corporate which had its principal place of
business there at that time.
(4) Subsection (2) above does not apply where the
qualifying defendant carried on business in the overseas
country and the proceedings in which the judgment was given
were concerned with activities exclusively carried on in
that country.
(5) A court in Bermuda may entertain proceedings on
a claim under this section notwithstanding that the person
against whom the proceedings are brought is not within the
jurisdiction of the court.
(6) The reference in subsection (1) above to an amount
paid by the qualifying defendant includes a reference to
an amount obtained by execution against his property or
against the property of a company which (directly or
indirectly) is wholly owned by him; and references in that
subsection and subsection (2) above to the party in whose
favour the judgment was given or to a party entitled to
contribution include references to any person in whom the
rights of any such party have become vested by succession
or assignment or otherwise.