Restricting enforcement of overseas judgments: Protection of Trading Interests Act 1980 s 5 on multiple damages, specified competition judgments, ancillary awards and severance

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Practice notes

This Practice Note reviews the provisions of the Protection of Trading Interests Act 1980 (PTIA 1980) that limit the enforcement of certain foreign judgments. Those provisions operate as an exception to the doctrine of obligation or comity, under which the courts of England and Wales would ordinarily recognise a competent foreign court’s decision imposing a liability on a defendant to pay the adjudged sum.

Background to the act

The PTIA 1980 was prompted by UK opposition to the US approach to anti-trust enforcement, where courts may award multiple damages. When introducing the legislation, the Secretary of State for Trade stated that it was ‘to reassert and reinforce the defences of the UK against attempts by other countries to enforce their economic and commercial policies unilaterally on us’.

Remit of the act

As to scope, the act applies to any judgment delivered by an overseas court that satisfies the criteria stated within that judgment. This is broader...

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Web page updated on 21/05/2026

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