Eliades & Ors v Lewis

Eliades & Ors v Lewis

Section 5 of the Protection of Trading Interests Act 1980 precludes enforcement of a foreign judgment only to the extent that it is for multiple damages; compensatory elements of a composite judgment are severable and enforceable if they can be readily distinguished and quantified.

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
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed except as to the RICO element; judgment for claimant for compensatory damages only.
Legal Topics
Multiple Damages, Protection of Trading Interests Act 1980, RICO Act, Summary Judgment, Severability of Judgments
Private International Law Enforcement of Foreign Judgments Multiple Damages Protection of Trading Interests Act 1980 RICO Act Summary Judgment Severability of Judgments

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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

Civil Appeal / Appeal From High Court 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 element

Ratio Decidendi

Section 5 of the Protection of Trading Interests Act 1980 precludes enforcement of a foreign judgment only to the extent that it is for multiple damages; compensatory elements of a composite judgment are severable and enforceable if they can be readily distinguished and quantified.

Court Disposition

Appeal dismissed except as to the RICO element; judgment for claimant for compensatory damages only.

Orders

  • Judgment for the claimant against each defendant in the sum of US $5,877,559 pursuant to CPR Part 24, together with interest to be assessed at a commercial rate.
  • The RICO Act element of US $1,188,246 is unenforceable and deducted from the enforceable judgment.