The claimant had obtained an award of damges in the US, and had had orders made for its enforcement here. The appellants contended that the award, containing an element of ‘multiplied damages’ offended the rules which would allow its enforcement here.
Held: Since the original judgment the US court had restated its decision and clarified the elements of one single sum, and one part in respect of treble damages. The proper view of the rule was that it was an exception to the general desire to give effect to foreign judgments. The US had not signed any treaty for the reciprocal enforcement of judgments, and must therefore rely upon the common law. The award should be enforceable save to the extent where enforcement was proscribed. An English court could examine that judgment and enforce that part of it which did not infringe the rule.
Judges:
Lord Justice Potter Lord Justice Jacob Lord Justice Carnwath
Citations:
Times 10-Dec-2003, [2003] EWCA Civ 1758, Gazette 22-Jan-2004, [2004] 1 WLR 692, [2004] 1 All ER 1196
Links:
Jurisdiction:
England and Wales
Contract, Torts – Other
Updated: 18 November 2022; Ref: scu.188643