Eliades & Ors v Lewis [2003] EWCA Civ 1758 (08 December 2003)

Eliades & Ors v Lewis [2003] EWCA Civ 1758 (08 December 2003)

A foreign judgment that includes both compensatory and multiple damages is unenforceable in the UK only to the extent of the multiple damages element under s.5 of the Protection of Trading Interests Act 1980. The compensatory elements, if severable and quantifiable, remain enforceable. The Act should not be construed to bar enforcement of the entire judgment where only part falls within the statutory prohibition.

Citation
[2003] EWCA Civ 1758
Parties
Appellant/defendant: Panos Eliades; Appellant/defendant: Panix Promotions Ltd; Appellant/defendant: Panix of the US Inc; Respondent/claimant: Lennox Lewis
Jurisdiction
England and Wales
Judgment Date
08 December 2003
Procedural Posture
Appeal (civil) / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed save as to the RICO multiple damages element; enforcement permitted for compensatory elements only.
Legal Topics
Enforcement of Foreign Judgments, Multiple Damages, Protection of Trading Interests Act 1980, RICO Act, Summary Judgment, Severance of Judgment Elements
Private International Law Civil Procedure Enforcement of Foreign Judgments Multiple Damages Protection of Trading Interests Act 1980 RICO Act Summary Judgment Severance of Judgment Elements

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Parties

Panos Eliades

Appellant/defendant

Panix Promotions Ltd

Appellant/defendant

Panix of the US Inc

Appellant/defendant

Lennox Lewis

Respondent/claimant

Procedural Posture

Appeal (civil) / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a foreign judgment containing both compensatory and multiple damages is wholly unenforceable under s.5 of the Protection of Trading Interests Act 1980 or only unenforceable to the extent of the multiple damages element.
  2. 2 Whether the compensatory elements of a composite foreign judgment can be enforced in the UK when the judgment also includes an unenforceable multiple damages component.

Ratio Decidendi

A foreign judgment that includes both compensatory and multiple damages is unenforceable in the UK only to the extent of the multiple damages element under s.5 of the Protection of Trading Interests Act 1980. The compensatory elements, if severable and quantifiable, remain enforceable. The Act should not be construed to bar enforcement of the entire judgment where only part falls within the statutory prohibition.

Court Disposition

Appeal dismissed save as to the RICO multiple damages element; enforcement permitted for compensatory elements only.

Orders

  • Judgment for claimant against each defendant in the sum of US $5,877,559 pursuant to CPR Part 24, together with interest to be assessed.
  • RICO Act multiple damages element (US $1,188,246) not enforceable.