Motorola Solutions Inc & Anor v Hytera Communications Corporation Ltd & Anor [2025] EWCA Civ 1667 (19 December 2025)

Motorola Solutions Inc & Anor v Hytera Communications Corporation Ltd & Anor [2025] EWCA Civ 1667 (19 December 2025)

Section 5 of the Protection of Trading Interests Act 1980 precludes enforcement in England and Wales of the entirety of a foreign multiple damages judgment, including both compensatory and punitive elements, as well as ancillary awards (interest, fees, costs) that are not divisible from the multiple damages judgment. Revocation of an English enforcement judgment following reversal of the underlying foreign judgment should be considered under CPR Part 40.8A, not CPR Part 3.1(7), and the English judgment should not be revoked while the foreign proceedings are ongoing and the final assessment is pending.

Citation
[2025] EWCA Civ 1667
Parties
Claimant/appellant: Motorola Solutions, Inc; Claimant/appellant: Motorola Solutions Malaysia SDN BHD; Defendant/respondent: Hytera Communications Corporation Ltd; Defendant/respondent: Hytera America, Inc; Defendant/respondent: Hytera Communications America (West), Inc
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Two Consolidated Appeals From the High Court (commercial Court)
Outcome
First appeal dismissed; second appeal allowed in part
Legal Topics
Enforcement of Foreign Judgments, Multiple Damages, Protection of Trading Interests Act 1980, Revocation of Judgments, Case Management Powers, Summary Judgment, Stay of Execution
Private International Law Commercial Law Civil Procedure Enforcement of Foreign Judgments Multiple Damages Protection of Trading Interests Act 1980 Revocation of Judgments Case Management Powers +2 more

Case Brief

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Parties

Motorola Solutions, Inc

Claimant/appellant

Motorola Solutions Malaysia SDN BHD

Claimant/appellant

Hytera Communications Corporation Ltd

Defendant/respondent

Hytera America, Inc

Defendant/respondent

Hytera Communications America (West), Inc

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Two Consolidated Appeals From the High Court (commercial Court)

Legal Issues

  1. 1 Whether section 5 of the Protection of Trading Interests Act 1980 precludes enforcement of both compensatory and punitive elements of a foreign multiple damages judgment
  2. 2 Whether ancillary awards (interest, fees, costs) are also precluded from enforcement under section 5
  3. 3 Whether the English court can revoke a final judgment enforcing a foreign judgment when the foreign judgment is overturned on appeal, and under which procedural rule (CPR Part 3.1(7) or CPR Part 40.8A)

Ratio Decidendi

Section 5 of the Protection of Trading Interests Act 1980 precludes enforcement in England and Wales of the entirety of a foreign multiple damages judgment, including both compensatory and punitive elements, as well as ancillary awards (interest, fees, costs) that are not divisible from the multiple damages judgment. Revocation of an English enforcement judgment following reversal of the underlying foreign judgment should be considered under CPR Part 40.8A, not CPR Part 3.1(7), and the English judgment should not be revoked while the foreign proceedings are ongoing and the final assessment is pending.

Court Disposition

First appeal dismissed; second appeal allowed in part

Orders

  • Dismissal of Motorola's appeal against the refusal to enforce compensatory DTSA damages and ancillary awards under section 5 PTIA.
  • Refusal of permission to amend to pursue DTSA compensatory damages claim.