SAS Institute Inc v World Programming Ltd [2019] EWHC 2496 (Comm) (25 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2496 (Comm) (25 September 2019)

Any appropriation by SAS Institute Inc. of payments received in respect of the US Liability Judgment is barred as a matter of law by the Protection of Trading Interests Act 1980; the statutory scheme operates automatically and precludes creditor appropriation, whether contemporaneous or defensive. Appropriations by SAS via Notices of Partial Satisfaction were not timely or effective. WPL, as debtor, could and did appropriate payments to the judgment at large, engaging the PTIA counterclaim. Interest runs from the date of judgment or receipt, and the standard rate applies.

Citation
[2019] EWHC 2496 (Comm)
Parties
Claimant: SAS Institute Inc.; Defendant: World Programming Ltd.
Jurisdiction
England and Wales
Judgment Date
25 September 2019
Procedural Posture
Commercial Enforcement/counterclaim / Post Judgment Consequential Submissions Following Enforcement Judgment
Outcome
SAS Institute Inc. is barred from appropriating payments to compensatory damages to avoid the PTIA counterclaim; WPL's counterclaim under s.6 PTIA succeeds as to the payments in issue.
Legal Topics
Appropriation of Payments, Protection of Trading Interests Act 1980 (ptia), Enforcement of Foreign Judgments, Interest on Judgment Debts, Counterclaims Under Statutory Regime
Commercial Law Conflict of Laws Enforcement of Foreign Judgments Appropriation of Payments Protection of Trading Interests Act 1980 (ptia) Interest on Judgment Debts Counterclaims Under Statutory Regime

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Parties

SAS Institute Inc.

Claimant

World Programming Ltd.

Defendant

Procedural Posture

Commercial Enforcement/counterclaim / Post Judgment Consequential Submissions Following Enforcement Judgment

Legal Issues

  1. 1 Whether SAS Institute Inc. can appropriate payments received in respect of a US judgment to compensatory damages so as to avoid the statutory counterclaim under s.6 PTIA
  2. 2 Whether appropriations by SAS via Notices of Partial Satisfaction were timely and effective
  3. 3 Whether WPL as debtor could appropriate payments made by third parties to the judgment at large

Ratio Decidendi

Any appropriation by SAS Institute Inc. of payments received in respect of the US Liability Judgment is barred as a matter of law by the Protection of Trading Interests Act 1980; the statutory scheme operates automatically and precludes creditor appropriation, whether contemporaneous or defensive. Appropriations by SAS via Notices of Partial Satisfaction were not timely or effective. WPL, as debtor, could and did appropriate payments to the judgment at large, engaging the PTIA counterclaim. Interest runs from the date of judgment or receipt, and the standard rate applies.

Court Disposition

SAS Institute Inc. is barred from appropriating payments to compensatory damages to avoid the PTIA counterclaim; WPL's counterclaim under s.6 PTIA succeeds as to the payments in issue.

Orders

  • No creditor appropriation by SAS is permitted for payments received in respect of the US Liability Judgment.
  • WPL's counterclaim under s.6 PTIA is upheld for the relevant payments.