TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 67

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مسلم

HOUSE OF LORDS

PROTECTION OF TRADING INTERESTS BILL

DEPARTMENT OF TRADE

NOTES ON CLAUSES

CLAUSE 5

1. This clause clarifies a question of law which is in doubt.

It provides that United Kingdom courts shall not enforce

judgments for multiple damages given by courts of overseas

countries. The rationale for the provision is that since

multiple damage judgments are essentially penal they should be

treated in the same way as any other overseas judgment of a

public penal character and should not be enforced by our courts.

The provision is particularly addressed to treble damage

given in favour of private persons

judgments/in anti-trust cases in US Courts. As the law stands

at present it is by no means clear whether our courts would

enforce such judgments. The case of Jones v Jones (1889)

22 QBD p.425 suggests that they might not. In that case, the

court was called upon to determine whether discovery should be

allowed in an action where treble damages were sought and held that

treble damages could not possibly be

"compensation to the person grieved and are plainly

inflicted on the offender as a punishment.

words they are a penalty". (p.427)

In other

However, the expression "penalty" for the purpose of determining

whether a foreign judgment is penal or not has been given a

somewhat narrow interpretation by the courts.

In Huntington

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