TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 45

Section 5. This Section has no forerunner in the 1964 Act. It provides

courts that judgments for multiple damages given in civil proceedings by fourte

of overseas countries (usually US private treble damage judgments) shall

not be enforceable in the UK. We believe this reflects the current common

as to non-enforcability of foreign penal awards. law position The section further provides that civil judgments given in

overseas countries based on competition laws which have been specified by an

order made by the Secretary of State for Trade shall not be enforceable in the

UK. The Secretary of State would clearly specify only overseas legislation

which was at odds with our own, for example possibly judgments under the US

shipping legislation where the US have consistently tried to impose on our com-

panies regulatory solutions which we do not support, or which was introduced to

circumvent the main provision of Section 5.

Section 6. This Section breaks new ground. It would enable citizens of the UK

bodies corporate and incorporated and colonies, exponations in the UK or in a territory outside the UK for

whose international relations HMG is responsible and other persons carrying on

business in the UK to recover sums paid under overseas judgments for multiple

damages in excess of an amount reflecting the element of compensation for the

loss suffered by the person or company in whose favour the judgment was given.

For this Section to operate, the person or company who received the original

judgment in its favour would have to be sued and to have assets in the UK.

treble damages awards) Section is primarily aimed at the US tegatxpect

This

xxxxxxxxnxtrextenZXXXX

multiple awards

in private antitrust cases. We consider XIX,

XXX damages to be penal and that UK

their

companies need protection against the enforcement through civil law of what are

Zent

essentially the public economic policies of other countries.

S

Section 7. This Section will enable the UK to enter into bilateral agreements

for the reciprocal enforcement of judgments under Section 6 with other countries

operating corresponding legislation. Although such reciprocal arrangements could be made under a general convention under the Foreign Judgements (Reciprocal Enforcement) Act 1933, the new limited powers provide a sharper focus and could be

appled more quickly.

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