In a judgment given on 23 January 2025, Mr Sean O’Sullivan KC (sitting as a Deputy Judge of the High Court) exercised the Court’s power under CPR 3.1(7) to revoke a final judgment by which Hytera Communications Corporation Ltd (“Hytera”) was ordered to pay USD 136.3 million (plus interest) to Motorola Solutions Inc and Motorola Solutions Malaysia SDN BHD (“Motorola”).

The final judgment was entered against Hytera by Cockerill J to enforce an award of damages made by the Illinois District Court pursuant to the US Copyright Act in circumstances where a pending appeal against the US judgment gave Hytera no defence at common law to enforcement in England (applying the well-established principle in Nouvion v Freeman (1889) 15 App Cas 1). However, Jacobs J granted Hytera’s application for a stay of execution pending the determination of the US appeal on condition that Hytera pay USD 25 million into court.

In July 2024, the Seventh Circuit of the US Court of Appeals allowed Hytera’s quantum appeal, vacated the judgment for USD 136.3 million in respect of Copyright Act damages, and directed that the Illinois Court reassess that award. Hytera therefore applied to revoke the English judgment. This was the first time in which the English Court has been required to consider the circumstances in which it should revoke or vary a final English judgment that was issued to enforce a foreign judgment that is successfully appealed.  On Hytera’s application, the Court concluded that CPR 3.1(7) was the appropriate route by which the English Court could reflect the outcome of the US appeal in the English judgment, notwithstanding that it was a final order.

The Court also directed that, upon revocation of the English judgment, the sum of USD 25 million that had been paid into court as a condition of the stay of the final judgment should be released to Hytera (although this order has been stayed, save as regards USD 5 million, pending determination of Motorola’s appeal in England for which the Deputy Judge granted permission).

Stephen Rubin KC and Rupert Allen, instructed by Ivan Gordienko and Alex Green of Steptoe, acted for Hytera. The judgment can be found here.