SAS Institute Inc v World Programming Ltd

SAS Institute Inc v World Programming Ltd

Any appropriation by SAS Institute Inc. of payments received under the US judgment is barred by law as contrary to the Protection of Trading Interests Act 1980; only appropriations by the debtor (WPL) are effective, and WPL's pleadings sufficiently indicated appropriation to the judgment at large. SAS's purported appropriations were defensive, untimely, and ineffective. Interest on the judgment debt runs from the date of judgment or decision, not from later dates of receipt or order.

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 Hearing
Outcome
SAS Institute Inc. is barred from appropriating payments to compensatory damages; WPL's counterclaim under s.6 PTIA succeeds as to the sums in issue; interest runs from the date of judgment or decision; SAS's application to vary the interest rate is refused.
Legal Topics
Appropriation of Payments, Protection of Trading Interests Act 1980 (ptia), Counterclaims Under PTIA, Interest on Judgment Debts
Commercial Law Conflict of Laws Enforcement of Foreign Judgments Appropriation of Payments Protection of Trading Interests Act 1980 (ptia) Counterclaims Under PTIA Interest on Judgment Debts

Case Brief

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Parties

SAS Institute Inc.

Claimant

World Programming Ltd.

Defendant

Procedural Posture

Commercial Enforcement/counterclaim / Post Judgment Consequential Hearing

Legal Issues

  1. 1 Whether SAS Institute Inc. can appropriate payments received under a US judgment to compensatory damages to avoid the statutory counterclaim under s.6 PTIA
  2. 2 Whether appropriations by SAS were timely and effective
  3. 3 Whether appropriations by the debtor (WPL) or third parties are valid under the statutory scheme

Ratio Decidendi

Any appropriation by SAS Institute Inc. of payments received under the US judgment is barred by law as contrary to the Protection of Trading Interests Act 1980; only appropriations by the debtor (WPL) are effective, and WPL's pleadings sufficiently indicated appropriation to the judgment at large. SAS's purported appropriations were defensive, untimely, and ineffective. Interest on the judgment debt runs from the date of judgment or decision, not from later dates of receipt or order.

Court Disposition

SAS Institute Inc. is barred from appropriating payments to compensatory damages; WPL's counterclaim under s.6 PTIA succeeds as to the sums in issue; interest runs from the date of judgment or decision; SAS's application to vary the interest rate is refused.

Orders

  • SAS Institute Inc. may not appropriate payments received under the US judgment to compensatory damages for the purpose of defeating the PTIA counterclaim.
  • WPL's counterclaim under s.6 PTIA is allowed for the relevant sums.