Section 17 (5) of the 1965 Act
45.
This section, which would provide a defence for an action in
the UK to enforce a foreign judgment for nuclear damage, has not
yet been brought into force because of a number of bilateral
conventions between the UK and other states which relate to the
reciprocal enforcement of judgments. Some work was done to
negotiate protocols to those conventions to exclude nuclear damage
from their scope, but when the European Judgments Convention came
on the scene impetus was lost.
46.
The position now is that it is expected that the UK will soon
be in a position to ratify the European Judgment Convention which,
it is thought, will override the provisions of any such bilateral
conventions with other Member States of the European Community. There
will, however, still be a number of bilateral Conventions with States
not party to the European Judgments Convention.
47. It is, therefore, proposed that provision should be made to
amend section 17(5) in such a way as to enable it to be brought
into force in respect of any State with whom there is not in force
a convention on the enforcement of judgments which relates to
nuclear damage. Counsel is therefore requested to make such provision
in the Bill. This would seem to be possible by adding a fourth
requirement for the defence provided by the subsection to succeed,
to the effect that there is no convention on the enforcement of
judgments between the UK and the State in which the judgment relating to nuclear damage was obtained.
Cover for nuclear matter stolen, lost, jettisoned or abandoned
Counsel is asked to note that provision may be required for a
48.
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