SAS Institute Inc v World Programming Ltd [2018] EWHC 3452 (Comm) (13 December 2018)

SAS Institute Inc v World Programming Ltd [2018] EWHC 3452 (Comm) (13 December 2018)

Enforcement of the US judgment for compensatory damages based on fraud is barred by issue estoppel because the fraud claim is dependent on contractual terms previously held void in English proceedings; the existence of those terms is a necessary component of the fraud claim, and the English court's determination precludes enforcement. The Software Directive and public policy further prevent enforcement. The PTIA does not apply to compensatory damages, but bars enforcement of multiple damages and clawback claims are not engaged as no such sums have been paid.

Citation
[2018] EWHC 3452 (Comm)
Parties
Claimant: SAS Institute Inc.; Defendant: World Programming Limited
Jurisdiction
England and Wales
Judgment Date
13 December 2018
Procedural Posture
Commercial Enforcement of Foreign Judgment / Final Judgment
Outcome
Claim dismissed; enforcement of US judgment refused
Legal Topics
Enforcement of Foreign Judgments, Issue Estoppel, Abuse of Process, Public Policy Exception, Software Directive, Protection of Trading Interests Act, Fraudulent Inducement, Multiple Damages
Private International Law Contract Law Intellectual Property Law Civil Procedure Enforcement of Foreign Judgments Issue Estoppel Abuse of Process Public Policy Exception +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

SAS Institute Inc.

Claimant

World Programming Limited

Defendant

Procedural Posture

Commercial Enforcement of Foreign Judgment / Final Judgment

Legal Issues

  1. 1 Whether enforcement of the US judgment for compensatory damages based on fraud is barred by issue estoppel or abuse of process due to prior English proceedings
  2. 2 Whether enforcement is contrary to public policy under the Software Directive
  3. 3 Whether enforcement contravenes natural or substantial justice

Ratio Decidendi

Enforcement of the US judgment for compensatory damages based on fraud is barred by issue estoppel because the fraud claim is dependent on contractual terms previously held void in English proceedings; the existence of those terms is a necessary component of the fraud claim, and the English court's determination precludes enforcement. The Software Directive and public policy further prevent enforcement. The PTIA does not apply to compensatory damages, but bars enforcement of multiple damages and clawback claims are not engaged as no such sums have been paid.

Court Disposition

Claim dismissed; enforcement of US judgment refused

Orders

  • Claim for enforcement of US judgment dismissed
  • Counterclaim for clawback under PTIA dismissed