Pace Europe Ltd & Ors v Dunham & Anor

Pace Europe Ltd & Ors v Dunham & Anor

The compensatory element of the North Carolina judgment is severable and enforceable in the UK; the Protection of Trading Interests Act 1980 does not bar its enforcement. There was no denial of natural justice in the US proceedings as the respondents had notice and opportunity to participate.

Parties
Appellant: PACE EUROPE LTD.; Appellant: PACE INCORPORATED; Appellant: PACE WORLDWIDE; Respondent: Paul Alan Dunham; Respondent: Sandra Jane Dunham
Jurisdiction
England and Wales
Judgment Date
22 March 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Enforcement of Foreign Judgments, Multiple Damages, Natural Justice, Statutory Demands
Private International Law Civil Procedure Enforcement of Foreign Judgments Multiple Damages Natural Justice Statutory Demands

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Parties

PACE EUROPE LTD.

Appellant

PACE INCORPORATED

Appellant

PACE WORLDWIDE

Appellant

Paul Alan Dunham

Respondent

Sandra Jane Dunham

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Protection of Trading Interests Act 1980 bars enforcement of the compensatory element of a US judgment that also includes multiple damages
  2. 2 Whether the North Carolina judgment was vitiated by a denial of natural justice

Ratio Decidendi

The compensatory element of the North Carolina judgment is severable and enforceable in the UK; the Protection of Trading Interests Act 1980 does not bar its enforcement. There was no denial of natural justice in the US proceedings as the respondents had notice and opportunity to participate.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed; the district judge's order setting aside the statutory demands is reversed.