TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 115

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Protection of Trading Interests

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(2) This section applies to any judgment given by a court of an overseas country, being-

(a) a judgment for multiple damages within the meaning of

subsection (3) below; or

(b) a judgment based on a provision or rule of law specified or described in an order under subsection (4) below and given after the coming into force of the order.

(3) In subsection (2)(a) above a judgment for multiple damages means a judgment for an amount arrived at by doubling, 10 trebling or otherwise multiplying a sum assessed as compensa- tion for the loss or damage sustained by the person in whose favour the judgment is given.

(4) The Secretary of State may for the purposes of subsection (2)(b) above make an order in respect of any provision or rule 15 of law which appears to him to be concerned with the prohibi- tion 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 such competition as aforesaid.

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(5) The power of the Secretary of State to make orders under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (2)(a) above applies to a judgment given before 25 the date of the passing of this Act as well as to a judgment given on or after that date but this section does not affect any judgment which has been registered before that date under the provisions mentioned in subsection (1) above or in respect of which such proceedings as are there mentioned have been finally 30 determined before that date.

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6. (1) Subject to subsections (2) and (3) below, where a court Recovery of of an overseas country has given a judgment for multiple awards of damages within the meaning of section 5(3) above against-

(a) a citizen of the United Kingdom and Colonies; or (b) a body corporate incorporated in the United Kingdom or in a territory outside the United Kingdom for whose international relations Her Majesty's Government in the United Kingdom are responsible; or

(c) a person carrying on business in the United Kingdom, 40 the person against whom the judgment was given shall be entitled to recover back from the party in whose favour it was given so much of the damages paid to or obtained by him under the judgment as exceeds the sum assessed by that court as com- pensation for the loss or damage sustained by him.

multiple damages.