PART IV

Recognition and Enforcement of Determinations in Convention Countries

25. —(1) Subject to the provisions of this Act, where a relevant authority in a Convention Country has made a determination, that determination shall be enforceable or, as the case may be, recognised in the State.

(2) In this Part—

“determination” means a decision of a relevant authority made under any provision corresponding to this Act awarding compensation to any person for pollution damage;

“relevant authority”, in relation to a Convention Country, means—

(a) any court or tribunal which, under the laws of that state, has jurisdiction to determine the liability for pollution damage and to award compensation for such damage;

(b) any administrative authority which, under the laws of that state, has the power to make a determination in respect of such liability and such compensation, being a determination which, in that state, is subject to appeal to, or review by, a court or tribunal;

(c) any court or tribunal which, under the laws of that state, has jurisdiction to determine any appeal from, or to carry out any review of, a determination made in respect of such liability or such compensation by another relevant authority.

26. —(1) Every application for the enforcement of a determination made by a relevant authority in a Convention Country shall be made to the Court.

(2) The Court shall (on the hearing of an application for the enforcement of a determination), unless the enforcement of the determination is refused pursuant to section 28 , make an order for the enforcement of the determination to the extent that the amount of the compensation to which the determination relates has not been satisfied.

(3) In any application for the enforcement of a determination under this section, the determination may not be reviewed as to its substance.

27. —(1) Whenever an order for the enforcement of a determination has been made pursuant to section 26 , the determination shall, to the extent to which its enforcement is authorised pursuant to the order of the court, have the same force and effect as if the determination had been made by the Court and proceedings for or in respect of its enforcement may be taken accordingly.

(2) Whenever the Court makes an order on foot of an application made pursuant to section 26 for the enforcement of a determination, the order may provide for the payment of the reasonable costs of and incidental to the application and such costs shall be recoverable as if they were sums recoverable under the determination.

(3) Where, on an application pursuant to section 26 for the enforcement of a determination, it is shown that, in accordance with the laws of the Convention Country in which the determination was made, interest is recoverable under the determination from a particular date or time, the rate of interest and the date or time from which it is recoverable shall be noted on the order for enforcement, if such order is made, and the sum due on foot of the determination, other than any sum due pursuant to subsection (2), shall carry interest in accordance with the noted particulars.

(4) Interest on any sum due on foot of a determination in respect of which an order of enforcement has been made shall be recoverable only pursuant to this section.

28. —(1) A determination by a relevant authority in a Convention Country shall not be recognised or enforced in the State if—

(a) the determination is not final; or

(b) the determination is manifestly contrary to public policy in the State; or

(c) the person against whom the proceedings which resulted in the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the Convention Country concerned, receive notice in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed; or

(d) the determination is incompatible with the judgment of any court in the State.

(2) For the purposes of subsection (1) (a), a determination by a relevant authority in a Convention Country shall be deemed to be final if—

(a) neither an appeal from, nor an application for review of, that determination is pending in that state, and

(b) it is not possible for any of the reasons specified in subsection (3) for such an appeal to be brought or such an application to be made.

(3) The reasons referred to in subsection (2) (b) are—

(a) the law applicable in the Convention Country concerned does not provide for an appeal from, or review of, the determination, being a determination made by either a court or a tribunal; or

(b) the time within which an appeal must be brought, or an application for review must be made, has expired; or

(c) an appeal which has been brought, or an application for review which has been made, has been withdrawn; or

(d) the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is final and without appeal.

(4) If, on an appeal against a decision to enforce a determination, the appellant satisfies the court that the determination is not final, the court may, on such terms as it thinks fit—

(a) set aside the enforcement order, or

(b) adjourn the appeal until such time as the determination has become final.

(5) Nothing in subsection (4) shall require the court either to set aside an enforcement order or to adjourn an appeal in any case where—

(a) the court is satisfied that there is no other ground on which the enforcement order should be set aside, and

(b) the court is not satisfied that the applicant intends to continue with an appeal or application for review which is pending or, as the case may be, to bring any appeal, or make any such application, which is open to him to bring or make in respect of the determination.

29. —(1) The following documents shall be attached to every application for the enforcement of a determination pursuant to this Act, that is to say—

(a) a certified copy of the determination;

(b) in the case of a determination by a relevant authority (being a court or a tribunal) which is made by default, the original or a certified copy of a document establishing that notice of the proceedings was duly served on the person against whom enforcement is sought;

(c) in the case of a determination by a relevant authority which is an administrative authority, a document establishing that the determination was subject to review by a court or tribunal but is no longer so subject because that court or tribunal has made a final decision and has dismissed the appeal or because the appeal has been withdrawn or because the time within which an appeal should be lodged has expired; and

(d) documents establishing that the determination is enforceable in the Convention Country and that the person against whom enforcement is sought has received notice of the determination in due time.

(2) If the court so requires, a translation of the documents specified in subsection (1) shall be produced: the translation shall be certified as correct by a person competent so to do.

(3) For the purposes of this Part—

(a) a document, duly certified, which purports to be a copy of a determination of a relevant authority in a Convention Country shall, without further proof, be deemed to be a true copy of that determination, unless the contrary is shown;

(b) the original, or a copy, of any document specified in subsection (1) (b), (1)(c) or (1)(d) shall be evidence of any matter to which such document relates; and

(c) a document which purports to be a translation of a document which is provided pursuant to subsection (2) and to be certified as correct by a person competent so to do shall, without further proof, be deemed to be such translation, unless the contrary is shown.

(4) A document purporting to be a copy of a determination given by a relevant authority shall be deemed to be duly certified if—

(a) in the case of a determination by a court, it purports to bear the seal of that court or to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a determination made by that Court, or

(b) in the case of a determination by a relevant authority other than a court, it purports to be certified by a person in his capacity as an officer of that authority to be a true copy of a determination made by that authority.