TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 28

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.