2
v Attrill (1893) AC p.150 the Privy Council held that in order to come within the scope of the rule that a judgment in respect of a penalty is not enforceable in England
"a proceeding must be in the nature of a suit in
favour of the State whose law has been infringed". (p.157)
The court went on to say that penalties attached to the regulation of trade and trading companies do not come
"within the rule, except in cases where these penalties are recoverable at the instance of the State or of an official duly authorised to prosecute on its behalf, or. of a member of the public in the character of a common
informer"
It is therefore uncertain whether a foreign judgment awarding mul- tiple damages to a person other than the State will be enforced by our courts. This clause removes the uncertainty by providing that no judgment for multiple damages given by a court of an overseas country may be enforced under statute or at common law, subject to the saving in subsection 6.
2. The clause also provides that judgments given in overseas countries based on laws regulating anti-competitive practices which have been specified by the Secretary of State by
statutory instrument, subject to annulment in pursuance of a
resolution of either House of Parliament, shall not be enforceable in the United Kingdon
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