Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors

Section 5 of the Protection of Trading Interests Act 1980 precludes enforcement of both the compensatory and punitive elements of a foreign multiple damages judgment, including ancillary awards such as interest, fees, and costs. Revocation of an English judgment enforcing a foreign judgment overturned on appeal should be considered under CPR Part 40.8A, not CPR Part 3.1(7), and is not appropriate until the foreign proceedings are concluded; a stay of execution is preferable in interim circumstances.

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
Civil Appeal / Court of Appeal Judgment
Outcome
First appeal dismissed; second appeal allowed.
Legal Topics
Enforcement of Foreign Judgments, Multiple Damages, Revocation of Judgments, Stay of Execution, Statutory Interpretation
Private International Law Civil Procedure Commercial Law Enforcement of Foreign Judgments Multiple Damages Revocation of Judgments Stay of Execution Statutory Interpretation

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

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 5 of the Protection of Trading Interests Act 1980 precludes enforcement of the compensatory element of a foreign multiple damages judgment
  2. 2 Whether ancillary awards (interest, fees, costs) are barred under section 5
  3. 3 Whether the English court should revoke a judgment enforcing a foreign judgment when the foreign judgment is overturned on appeal

Ratio Decidendi

Section 5 of the Protection of Trading Interests Act 1980 precludes enforcement of both the compensatory and punitive elements of a foreign multiple damages judgment, including ancillary awards such as interest, fees, and costs. Revocation of an English judgment enforcing a foreign judgment overturned on appeal should be considered under CPR Part 40.8A, not CPR Part 3.1(7), and is not appropriate until the foreign proceedings are concluded; a stay of execution is preferable in interim circumstances.

Court Disposition

First appeal dismissed; second appeal allowed.

Orders

  • Enforcement of compensatory and punitive damages under the DTSA and ancillary awards barred under section 5.
  • Revocation of English judgment reversed; stay of execution continued with US$20 million remaining in court.