Jurisdiction(s):
United Kingdom

England and Wales Commercial Court: PTIA 1980 s 5 and US multiple damages—Motorola v Hytera on unenforceability, no severance for single causes, and barred interest and costs

Published on: 28 November 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Motorola Solutions Inc and another company v Hytera Communications Corp Ltd and other companies [2024] EWHC 2891 (Comm) What are the practical implications of this case?

This judgment underscores several practical points for those seeking to enforce foreign judgments that may involve an aspect of ‘multiple damages’:

First, practitioners must identify whether the overseas judgment comes within the meaning of ‘multiple damages’. Under the PTIA 1980, this refers to a judgment produced by ‘doubling, trebling or otherwise multiplying’ a compensatory amount for loss or damage. Where the applicable foreign statute compels the multiplication of an award, that situation plainly falls within the statutory prohibition. Conversely, where (as in this case) the foreign court elects—without any requirement—to increase damages on a punitive footing by applying a multiplier, it is similarly probable that the award will be caught by, and therefore offend against, the PTIA 1980...

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