4
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assessed as compensation for the loss or damage sustained by the
person in whose favour the judgment is given.
Note: clause 5(2)(a) and (3) will operate so as to make
unenforceable a judgment for multiple damages given by a court
of an overseas country where the parties had included in their
contract a provision for the payment of such damages, for example,
in the event of a breach of contract. Such provisions in contracts
are rare since most penalty clauses in contracts are drafted
as to require the payment of a specific sum, not a sum
arrived at by multiplying the amount of compensation.
But in
the rare case of such a provision being included in a contract
and where as a result judgment is given by an overseas court
for the payment of multiple damages, it is right that the
general ban on enforcement should apply.
7. Subsection (4) defines the provisions or rules of law in
respect of which the Secretary of State may make orders, and
judgments based on which will consequently be rendered
unenforceable in the United Kingdom under subsection (2)(b).
These are any provision or rule of law of an overseas country
which appears to the Secretary of State to be concerned with
the prohibition or regulation of agreements, arrangements or
practices designed to restrain or restrict competition in the
carrying on of business of any description or to be otherwise
concerned with the promotion of competition.