TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 69

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3. The purpose of these provisions is to prevent the export of

the economic policies of overseas countries by means of the

enforcement of judgments based on competition laws which run

counter to the economic policies of the Government of the United

Kingdom. The clause is an expression of the public policy of

the United Kingdom and as such is a permitted derogation from

the obligations of the UK arising from bilateral and multilateral

conventions in this field.

4. Subsection (1) renders certain judgments given by courts

of overseas countries unenforceable in the United Kingdom.

It does this by providing that such judgments shall not be

registered under Part II of the Administration of Justice Act

1920 or Part I of the Foreign Judgments (Reciprocal Enforcement)

Act 1933, if they would be applicable, and that no United

Kingdom court shall entertain proceedings at common law for the

recover of any sum payable under such a judgment.

5.

Subsection (2) defines the judgments to which subsection (1)

applies. These are any judgment given by a court of an overseas

country which is either for multiple damages, or based on a

provision or rule of law which has been specified in an order

made by the Secretary of State under subsection (4) before the

judgment was given.

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Subsection (3) defines a judgment for multiple damages

for the purposes of the clause as a judgment for an amount

arrived at by doubling, trebling or otherwise multiplying a sum