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

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

Where an English summary judgment is premised on a foreign judgment, and the foreign judgment is reversed on appeal, CPR 3.1(7) may be used to set aside the English judgment in exceptional circumstances. The absence of a definite sum in the foreign judgment precludes enforcement in England, and security put up for a stay must be released when the underlying judgment is set aside.

Parties
Claimant: Motorola Solutions, Inc; Claimant: Motorola Solutions Malaysia SDN BHD; Defendant: Hytera Communications Corporation Ltd; Defendant: Hytera America, Inc; Defendant: Hytera Communications America (West), Inc
Jurisdiction
England and Wales
Judgment Date
03 March 2025
Procedural Posture
Commercial / Application to Set Aside Summary Judgment
Outcome
application granted
Legal Topics
Setting Aside Summary Judgment, Effect of Foreign Appeals, CPR 3.1(7), Security for Stay of Execution
Private International Law Civil Procedure Enforcement of Foreign Judgments Setting Aside Summary Judgment Effect of Foreign Appeals CPR 3.1(7) Security for Stay of Execution

Case Brief

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Parties

Motorola Solutions, Inc

Claimant

Motorola Solutions Malaysia SDN BHD

Claimant

Hytera Communications Corporation Ltd

Defendant

Hytera America, Inc

Defendant

Hytera Communications America (West), Inc

Defendant

Procedural Posture

Commercial / Application to Set Aside Summary Judgment

Legal Issues

  1. 1 Should an English judgment premised on a foreign judgment be set aside when the foreign judgment is reversed on appeal?
  2. 2 Is CPR 3.1(7) available to set aside a final order in these circumstances?
  3. 3 Should security put up for a stay of execution be released when the underlying judgment is set aside?

Ratio Decidendi

Where an English summary judgment is premised on a foreign judgment, and the foreign judgment is reversed on appeal, CPR 3.1(7) may be used to set aside the English judgment in exceptional circumstances. The absence of a definite sum in the foreign judgment precludes enforcement in England, and security put up for a stay must be released when the underlying judgment is set aside.

Court Disposition

application granted

Orders

  • English summary judgment set aside
  • security released