TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 73

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pay back damages received under a multiple damage judgment in cases/which the overseas court had a proper claim to jurisdiction.

The clause recog-

nises the difficulty for a plaintiff of bringing proceedings under the

clause if the original judgment creditor is not within the jurisdiction of the United Kingdom. It therefore permits a United Kingdom court to hear an action under the clause even though the defendant is not within

its jurisdiction. This will be followed by appropriate amendments to the procedural rules so as to permit a United Kingdom court to serve process in an action under the clause on a defendant who is outside the juris- diction.

3.

Subsection (1) provides that, subject to limitations in subsections (2) and (3), where a court of an overseas country has given a judgment for multiple damages as defined in clause 5(3) against certain persons

those persons shall be entitled to recover in the United Kingdom courts

from the party in whose favour the judgment was given the amount by which damages paid to or obtained by that party exceed the sum assessed by the

overseas court as compensation for the loss or damage suffered by him. The persons entitled to benefit from the right are citizens of the United Kingdom and Colonies; bodies corporate incorporated in the United Kingdom or in a territory outside the United Kingdom for whose international rela- tions Her Majesty's Government in the United Kingdom are responsible; and persons carrying on business in the United Kingdom.