5.
Restriction
of evidence
on commission.
Restriction
on enforce-
ment of
certain
overseas
judgments.
(5) In subsection (1) above "the statutory maximum"
means three thousand dollars.
4. A court in Bermuda shall not make an order under any
provision of law for giving effect to a request issued
by or on behalf of a court or tribunal of an overseas
country if it is shown that the request infringes the
jurisdiction of Bermuda or is otherwise prejudicial to
the sovereignty of the United Kingdom in respect of
Bermuda; and a certificate signed by or on behalf of
the Minister to the effect that it infringes that
jurisdiction or is so prejudicial shall be conclusive
evidence of that fact.
5.
(1) A judgment to which this section applies shall
not be registered under the Judgments (Reciprocal
Enforcement) Act 1958 of Bermuda and no court in Bermuda
shall entertain proceedings at common law for the recovery
of any sum payable under such a judgment.
(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;
(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; or
(c) a judgment on a claim for contribution in respect of damages awarded by a judgment within paragraph
(a) or (b) above.
(3) In subsection (2) (a) above a judgment for multiple damages means a judgment for an amount arrived at by
doubling, trebling or otherwise multiplying a sum assessed
as compensation for the loss or damage sustained by the
person in whose favour the judgment is given.
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