TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 74

market to win.

:

1

ella Subsection (2) limits the application of subsection (1). A person

against whom an overseas judgment for multiple damages was given cannot bene-

fit from the right conferred by subsection (1), even if qualified under the

tests in that subsection, if at the time when the proceedings in which

the judgment was given were instituted it was either an individual who was

ordinarily resident in the overseas country or a body corporate which

had its principal place of business there.

5.

Subsection (3) further limits the application of subsection (1) in

relation to the activities of claimants under that subsection. A person

against whom an overseas judgment for multiple damages was given cannot

benefit from the right conferred by subsection (1) if he carried on business

in the overseas country and the proceedings in which the judgment was given

were concerned with activities exclusively carried on in that country.

b. Subsection (4) provides that a court in the United Kingdom may hear an

action brought under this clause notwithstanding that the person against

whom the proceedings are brought is not within the jurisdiction of the

court.

7. Subsection (5) provides that clause 6 does not apply in relation to

any overseas judgment given before the passage of the Bill.