Ireland: Enforcement of Foreign Judgments Comparative Guide

Last Updated: 17 October 2019
Article by Peter Bredin
Do you want to compare other jurisdictions?... Click here

1 Legal and judicial framework

1.1 Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?

The regime for the enforcement and recognition of foreign judgments in Ireland will depend on the jurisdiction in which the judgment has originated from. Broadly speaking, there are four categories of jurisdiction:

  • states within the European Union;
  • states which are party to the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
  • states which are a party to the 2005 Hague Convention on Choice of Court Agreements; and
  • all states not within the European Union or not a party to the Lugano Convention or the Hague Convention.

Regulation (EU) 1215/2012 (commonly known as Brussels Recast) came fully into force in Ireland on 10 January 2015 and governs the enforcement and recognition of judgments made in any other EU member state delivered after 10 January 2015.

While Brussels Recast is now the primary EU law for enforcing judgments from EU member states in Ireland, there are other EU laws that can be relied upon to enforce a judgment in Ireland, such as Regulation (EC) 805/2004. This provides for the certification of a judgment arising from an uncontested claim for a specific sum of money as a European enforcement order. Furthermore, with respect to the enforcement of judgments delivered prior to 10 January 2015, the predecessor to Brussels Recast applies, which is Regulation (EC) 44/2001.

Ireland is a party to the Lugano Convention, which has been incorporated into Irish law. The Lugano Convention governs the recognition and enforcement in Ireland of judgments made in other states which are party to the convention – namely Switzerland, Norway and Iceland.

Ireland is also a party to the Hague Convention, which has been incorporated into Irish law. The Hague Convention governs the recognition and enforcement of judgments in Ireland where the convention applies – in particular, where there is an exclusive choice of court agreement on foot of which a foreign judgment has been given which falls within the scope of the Hague Convention. Parties to the Hague Convention are member states of the European Union, Mexico, Singapore, Montenegro and the United Kingdom.

Where there is no convention or treaty which applies, common law governs the recognition and enforcement of foreign judgments in Ireland.

1.2 Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?

As Ireland is an EU member state, EU laws will apply to Ireland. In this regard, Brussels Recast is now the primary EU law for the enforcement and recognition of EU member state judgments in Ireland. As mentioned above, the Lugano Convention and the Hague Convention apply to judgments delivered by a party to the conventions.

1.3 Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?

Generally speaking, applications seeking to recognise and enforce foreign judgments in Ireland are made in the High Court.

2 Requirements for enforceability

2.1 What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?

Brussels Recast applies in civil and commercial matters whatever the nature of the court or tribunal. However, the regulation limits the scope of its applicability in Article 1. For example, it states that the regulation does not extend to revenue, customs or administrative matters, or to the liability of the state for acts and omissions in the exercise of state authority. Furthermore, Article 1 provides that it does not apply to family law matters, bankruptcy or insolvency matters and arbitral awards among other matters.

Similarly, the Lugano Convention and the Hague Convention specifically set out the matters to which they apply. The Lugano Convention provides that it applies in civil and commercial matters, but does not extend to matters such as tax, customs and administrative matters, family law matters, bankruptcy or insolvency matters and arbitral awards. The Hague Convention also provides that it applies to civil or commercial matters, but does not extend to matters such as family law matters, insolvency and analogous matters and arbitration.

As mentioned, where there is no convention or treaty, common law applies. In order for a judgment to be recognised and deemed enforceable in Ireland under common law, the judgment must meet a number of criteria, including the following:

  • The court in which the judgment was made had competent jurisdiction;
  • The judgment is for a definite sum of money;
  • The judgment is final and conclusive; and
  • The judgment is not contrary to public policy and/or natural justice in Ireland.

2.2 Must a foreign judgment be final and binding before it can be enforced?

Unless otherwise provided for in the relevant EU law or international convention, a foreign judgment must be final and binding in order to be recognised and enforceable in Ireland.

2.3 Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?

Technically yes – even if an appeal is pending, it can still be considered to be conclusive and binding and thereby enforceable, provided that the appeal does not have the effect of staying the judgment. However, in practice, an Irish court may be reluctant to declare a foreign judgment immediately enforceable in circumstances where that judgment is under appeal; and should the Irish court recognise the foreign judgment or deem it enforceable, it is likely to place a stay on enforcement of the foreign judgment pending determination of the appeal.

2.4 What is the limitation period for making an application for recognition and enforcement?

Pursuant to Brussels Recast, a foreign judgment to which the regulation applies is enforceable in Ireland without any declaration of enforceability being required from an Irish court. Furthermore, such a judgment shall be enforced in Ireland under the same conditions as a judgment given by an Irish court. In this regard, the Irish court rules provide that judgments remain in full force and effect for 12 years from the date on which they were given or made, subject to the proviso that no judgment may be executed after six years from the date on which it was given or made without the permission of the Irish courts.

The Lugano Convention and the Hague Convention do not specifically provide for a timeframe within which an application to deem a foreign judgment enforceable should be brought. However, the general understanding is that the foreign judgment will at a minimum still need to be enforceable in the state in which the judgment was made in order to be recognised. Once the foreign judgment is deemed enforceable, it has the same force and effect as a judgment of the High Court. This means that the judgment remains in full force and effect for 12 years from the date on which it was given or made, subject to the requirement to make a court application where six years have passed since the date on which the judgment was given or made, as referred to above.

As regards an application for recognition and enforcement of a foreign judgment pursuant to common law, it is brought through the summary judgment procedure, whereby the judgment is effectively treated as akin to a contact debt and as such the application must be brought within six years of the date on which the foreign judgment was given or made.

3 Recognition and enforcement process

3.1 Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?

Effectively, recognition and enforcement are seen as separate processes. Recognition is the process of seeking to have a foreign judgment recognised or deemed enforceable as such within the Irish jurisdiction; while enforcement is seen as execution of the judgment. Once a foreign judgment has been recognised, it can essentially be enforced in the same way as a judgment of an Irish court.

3.2 What is the formal process for recognition and enforcement?

Pursuant to Brussels Recast, a foreign judgment to which the regulation applies is enforceable in Ireland without any declaration of enforceability being required by an Irish court.

With respect to foreign judgments to which the Lugano Convention or the Hague Convention applies, an application must be made in Ireland to have the judgment declared enforceable before it can be enforced. This application is made on an ex parte basis to the master of the High Court (ie, without the party against which the foreign judgment has been obtained being put on notice of the application).

An application to have the foreign judgment recognised pursuant to common law is brought through the summary judgment procedure, whereby a summary summons is issued, following which a motion is brought before the courts to have the judgment recognised. The motion is brought on notice to the judgment debtor, meaning that the judgment debtor may attend court and challenge the application. Furthermore, as the motion is on notice to the judgment debtor, the judgment debtor must be served with the relevant court papers; in this regard, an application may be required to obtain permission from the Irish courts to serve the judgment debtor outside of the jurisdiction prior to proceeding with serving the court papers on the judgment debtor.

As mentioned, once a foreign judgment has been recognised, it can essentially be enforced in the same way as a judgment of an Irish court. This is dealt with in question 7.

3.3 What documents are required in support of an application for recognition and enforcement?

As mentioned, an application for recognition and enforcement of a foreign judgment pursuant to the Lugano Convention or the Hague Convention is made on an ex parte basis to the master of the High Court. Along with a document setting out the relief sought from the master of the High Court, an affidavit will need to be sworn by or on behalf of the judgment creditor which grounds the application. This affidavit essentially sets out, and where necessary attaches, the necessary proofs (eg, the foreign judgment or order), to enable the requisite order(s) to be made regarding recognition and enforcement of the judgment.

Unlike an application pursuant to the Lugano Convention or the Hague Convention, an application for recognition and enforcement of a foreign judgment pursuant to common law is made on notice to the judgment debtor. In terms of the documents required, a summary summons is first issued against the defendant. This is the originating court document, which essentially sets out details of the claim. Once the summons has issued (ie, been filed), a motion can then issue and the matter is given a return date before the High Court. The documents required for the motion are similar to an application pursuant to the Lugano Convention – that is, a notice setting out the relief sought and a grounding affidavit. However, as the application must be made on notice to the judgment debtor, a separate affidavit is required proving service of the proceedings and motion papers on the judgment debtor. Depending on the location of the judgment debtor, a prior ex parte application to the High Court may be required seeking to serve the judgment debtor outside of the jurisdiction, which application will again require a document setting out the relief sought and an affidavit grounding the application to serve outside of the jurisdiction.

3.4 What fees are payable for recognition and enforcement?

It will be necessary to instruct local lawyers to advise on and make the relevant application. It is not possible to estimate in the abstract the total legal fees that might be incurred in a particular case. Along with solicitors' and barristers' fees, the fees to be incurred in bringing an application for recognition and enforcement pursuant to the Lugano Convention, the Hague Convention or common law include stamp duty (ie, court fees) on the relevant court documents. With respect to an application pursuant to common law, additional fees may be incurred in relation to serving the court papers on the judgment debtor prior to the application for recognition and enforcement.

3.5 Is the applicant required to provide security for costs?

There is no general requirement for an applicant to provide security for costs. The Irish courts will not require that security be given, unless an application for such an order is successfully made by the respondent. The proofs required on such an application depend on whether the applicant is a company or an individual, where the applicant is domiciled and certain other matters. Article 51 of the Lugano Convention is relevant to any application pursuant to the convention, as it essentially provides that security for costs should not be required on the grounds that the judgment creditor is a foreign national or not domiciled or resident in Ireland.

3.6 How long does it usually take to obtain a declaration of enforceability?

As an application pursuant to the Lugano Convention or the Hague Convention is on an ex parte basis, it should be a relatively straightforward process whereby, once all proofs are in order, the foreign judgment should be recognised and deemed enforceable on the date the application is heard by the court.

With respect to an application pursuant to common law, it will take significantly longer to have the foreign judgment recognised and deemed enforceable, as the application is on notice to the judgment debtor, which must be served with the application papers. There can be significant delays in attempting to serve the judgment debtor where it is domiciled outside of Ireland. Furthermore, once the judgment debtor is served, it can attend court when the application is listed and contest the application; again, this could significantly delay the application, as the court may adjourn the matter on the first date it is listed in order for affidavits to be exchanged between the parties. Therefore, it is not unusual for such an application to take six to nine months, and significantly longer should the application be strongly contested and/or appealed.

3.7 Can the applicant seek injunctive relief while the process is ongoing?

A judgment creditor can seek an interim order for relevant provisional measures from an Irish court prior to the foreign judgment being recognised and enforced. The granting of such relief is discretionary and, in practice, the Irish court is likely to be very cautious about granting such relief, particularly where such an application for injunctive relief is made on an ex parte basis. Along with a judgment creditor having to meet the requisite test for the granting of injunctive relief, the Irish court will require an undertaking from the judgment creditor to discharge any damages which may result from the granting of such relief. Furthermore, security may be required along with the undertaking.

4 Defences

4.1 On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?

As the application under the Lugano Convention or the Hague Convention is made on an ex parte basis, the judgment debtor is unlikely to be present at the hearing of the application. In any event, once the necessary formalities have been met and proofs are in order, the master of the High Court should declare the judgment enforceable on the first date the application is heard.

Under the common law, a judgment debtor must be put on notice of the application for recognition and enforcement of the foreign judgment, so the judgment debtor may be present and contest the application. As the enforcement of a foreign judgment under common law is akin to the claim for a contract debt, the general principles applicable to the defence of a claim for such a debt apply. In terms of specific defences which may be raised by a judgment debtor to an application to recognise and enforce a foreign judgment, these may include the following:

  • challenging the application on the basis that the judgment does not meet the criteria required under common law in order for the judgment to be recognised and deemed enforceable, as referred to in question 2.1;
  • a claim that there has been some form of fraud in the obtaining of the judgment; and/or
  • a claim that the judgment contradicts an earlier judgment based on the same facts involving the same parties.

4.2 What is the limitation period for filing a challenge?

As an application pursuant to the Lugano Convention or the Hague Convention is made on an ex parte basis, the judgment debtor is unlikely to be present to challenge the application and will not file a challenge in advance of the application. However, should the master of the High Court deem the foreign judgment enforceable pursuant to the Lugano Convention or the Hague Convention, the judgment debtor can appeal that decision as discussed further in question 6.1.

Under common law, the application seeking recognition and enforcement of a foreign judgment is made on notice to the judgment debtor and the relevant court papers must be served on the judgment debtor. Where the judgment debtor is domiciled in Ireland, an appearance should be entered within eight days of service of the summons if the debtor wishes to appear at the application to challenge it. Where the judgment debtor is domiciled outside of Ireland, the timeframe for entering an appearance will depend on the jurisdiction in which the judgment debtor is domiciled. However, despite the prescription of timeframes within which an appearance should be entered, the Irish courts will generally allow a judgment debtor to enter an appearance up to the date on which the application is due to be heard. As regards the challenge to the application, a judgment debtor will need to file a replying affidavit should the judgment debtor wish to put any facts into evidence, and the application is likely to be adjourned on the first date it is listed should the judgment debtor seek time to file a replying affidavit. Although there is no set prescribed timeframe within which the replying affidavit should be filed and the judgment debtor is likely to be accommodated in filing a replying affidavit, the Irish courts may prescribe a timeframe within which the affidavit should be filed if it is not forthcoming and may proceed with the application if the affidavit is not filed within the prescribed timeframe.

4.3 Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?

Similar to a judgment creditor, a judgment debtor can seek injunctive relief while an application for recognition and enforcement is pending. The points made in question 3.7 will also be relevant in this context.

5 Court analysis and decision

5.1 Will the court review service of process in the initial proceedings?

Pursuant to Article 45 of Brussels Recast, a judgment debtor can apply for recognition of a foreign judgment to be refused on the grounds that the foreign judgment was given in default of appearance by the judgment debtor, if the judgment debtor was not served with the document which instituted the foreign proceedings or with an equivalent document in sufficient time and in such a way as to enable it to arrange for a defence. The judgment debtor will not have this option where it failed to commence proceedings to challenge the foreign judgment when it was possible for it to do so.

Again, pursuant to the Lugano Convention, a foreign judgment will not be recognised where it was given in default of appearance, subject to the same limitations as apply to Brussels Recast.

The Hague Convention provides that an application for recognition and enforcement may be refused where the document which instituted the proceedings in the foreign court was not notified to the judgment debtor in sufficient time and in such a way as to enable it to arrange for its defence or where the notification is incompatible with fundamental principles of Ireland concerning service of documents.

Under common law, a requirement in order for the foreign judgment to be recognised is proof that the judgment debtor either was present in the foreign jurisdiction at the time of the proceedings pursuant to which the foreign judgment was made or had submitted to the jurisdiction of the foreign court.

5.2 Will the court review the jurisdiction of the foreign court in the initial proceedings?

Both Brussels Recast and the Lugano Convention provide that, subject to certain limited circumstances, the jurisdiction of the foreign court should not be reviewed.

The Hague Convention provides that where the court of a contracting state to the convention is designated in an exclusive choice of court agreement, that court shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void, in which case the Irish court may refuse to recognise the foreign judgment.

Under common law, the Irish court will recognise and deem the foreign judgment enforceable only if the judgment was delivered by a foreign court which is deemed competent pursuant to Irish conflict of laws rules.

5.3 Will the court review the foreign judgment for compliance with applicable law and public policy?

Pursuant to Article 45 of Brussels Recast, a judgment debtor can apply for recognition of a foreign judgment to be refused on the grounds that the foreign judgment is manifestly contrary to public policy in Ireland.

Both the Lugano Convention and the Hague Convention provide that a foreign judgment shall not be recognised if it is manifestly contrary to or incompatible with public policy.

As referred to in question 2.1, at common law, a foreign judgment which is contrary to public policy or natural justice in Ireland should not be recognised.

5.4 Will the court review the merits of the foreign judgment?

Both Brussels Recast and the Lugano Convention specifically state that under no circumstances may a foreign judgment be reviewed as to its substance.

The Hague Convention provides that there shall be no review by the Irish court of the merits of the judgment given by the foreign court, and the Irish court shall be bound by the findings of fact on which the foreign court based its jurisdiction, unless the judgment was given by default.

Generally speaking, where the Irish court determines that the foreign judgment fulfils the criteria for recognition and enforcement under common law, the Irish court will not review the merits of the foreign judgment.

5.5 How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?

Pursuant to Brussels Recast, the Irish court can, following an application by a judgment debtor, refuse to recognise a foreign judgment on the basis that the judgment is irreconcilable with a prior judgment involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in Ireland.

Pursuant to the Lugano Convention and the Hague Convention, a foreign judgment is not to be recognised in Ireland if it is irreconcilable with a prior judgment involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in Ireland.

As referred to in question 4.1, under common law a judgment debtor may raise a defence that the foreign judgment contradicts an earlier judgment based on the same facts involving the same parties, and the Irish court can refuse an application for recognition and enforcement on such a basis.

5.6 Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?

Both the Lugano Convention and the Hague Convention set out the grounds upon which an application for recognition and enforcement pursuant to either convention may be refused, some of which are referred to above.

Further to the grounds already set out above, it is important to note that the recognition and deeming enforceable of a foreign judgment pursuant to common law is a discretionary relief and, while this Q&A has highlighted some of the potential reasons for an Irish court to refuse an application for recognition and enforcement, the potential grounds for refusal pursuant to common law should not be seen as exhaustive. Generally speaking, each case must be reviewed to determine the merits of the application and potential grounds for refusal.

Furthermore, the Irish Court of Appeal recently found that, while there is no specific rule requiring the presence of assets belonging to a judgment debtor in Ireland in order for a recognition and enforcement application to be brought pursuant to common law, the judgment creditor must nonetheless generally show some prospect of securing a material benefit from the recognition and enforcement application, even if that benefit is indirect and prospective only. Therefore, where a judgment debtor has no assets in Ireland and there is no evidence to demonstrate that there is a reasonable prospect or possibility that the judgment debtor will ever have assets in Ireland, the Irish courts will generally refuse to deem the foreign judgment enforceable in Ireland pursuant to common law.

5.7 Is partial recognition and enforcement possible?

Pursuant to the Lugano Convention and the Hague Convention, a judgment creditor may request a declaration of enforceability limited to parts of the foreign judgment only.

As mentioned, recognition and enforcement of a foreign judgment is a discretionary relief under common law and, as such, it is within the Irish courts' discretion to limit the recognition and enforcement of a foreign judgment to parts only.

5.8 How will the court deal with cost issues (eg, interest, court costs, currency issues)?

Pursuant to the Lugano Convention and the Hague Convention, the definition of ‘judgment' includes a determination as to costs where the foreign judgment is for a monetary sum. Therefore, where the costs have been quantified, the Irish court deeming a foreign judgment enforceable may include the costs aspect of that judgment. Where interest on that monetary sum is recoverable under the judgment at a particular rate or rates, and from a particular date or time, the Irish court's order may include the interest aspect of the foreign judgment. Generally speaking, the Irish court will not convert a monetary sum in a foreign currency into euros (the currency applicable in Ireland) at the time of deeming the judgment enforceable. However, the judgment will – again, generally speaking – be converted into euros at the time of enforcement at the applicable currency rate at that point in time.

In relation to common law, the Irish courts will deal with the issue of interest, court costs and currency issues in a similar way to how they are dealt with under the Lugano Convention and the Hague Convention.

The Irish courts generally apply the ‘loser pays' principle. As regards the costs of making an application pursuant to the Lugano Convention, the Hague Convention or common law, the Irish courts will, generally speaking, award the judgment creditor much of its costs should it succeed in the application.

6 Appeals

6.1 Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?

Yes. When a foreign judgment is deemed enforceable pursuant to the Lugano Convention, the judgment debtor may appeal the decision within one month of service of the relevant order. However, where the judgment debtor is domiciled in a contracting state to the Lugano Convention other than Ireland, the timeframe for an appeal is extended to two months of service. Where an application for recognition and enforcement of a foreign judgment pursuant to the Lugano Convention is unsuccessful, the judgment creditor can appeal the decision within five weeks of perfection of the order refusing the application.

Pursuant to the Hague Convention, the judgment debtor may appeal the enforcement order to within five weeks of service of the notice of enforcement. If the recognition and enforcement application pursuant to the Hague Convention is unsuccessful, the judgment creditor can appeal the decision within five weeks of perfection of the order made refusing the application.

As mentioned above, the common law treats an application for recognition and enforcement of a foreign judgment as akin to bringing a claim pursuant to contract and the general principles applicable to such a claim apply. In this regard, any party aggrieved by a decision of the High Court can appeal the decision within 28 days of perfection of the order.

6.2 Can the applicant seek injunctive relief while the appeal is pending?

Yes. However, the comments set out in question 3.7 are again applicable.

7 Enforcing the foreign judgment

7.1 Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?

Once a judgment has been recognised and/or declared enforceable, it can essentially be enforced in the same way as a judgment of an Irish court. In this regard, a number of enforcement mechanisms are available to the judgment creditor once the judgment is recognised/declared enforceable, including the following:

  • The judgment creditor can register the judgment as a judgment mortgage against immovable property/land owned by the judgment debtor;
  • An application can be made to the Central Office of the High Court for an execution order and, once obtained, the sheriff can be engaged to seize moveable assets belonging to the judgment debtor;
  • Where money is due to the judgment debtor by a third party, the judgment creditor can seek to have the debt paid to the judgment creditor instead of the judgment debtor to satisfy all or a portion of the judgment;
  • A judgment creditor can seek an order to create a charge over any shares/stock owned by the judgment debtor;
  • In certain circumstances, an application can be made to commit the judgment debtor to prison for failure to satisfy a judgment;
  • Where the judgment debtor is an Irish company and it is believed that the company is insolvent, a petition can be brought to have the Irish company wound up;
  • Where the judgment debtor is an individual, an application can be made to declare the judgment debtor bankrupt should the judgment debtor fail to satisfy the judgment following a demand to do so; and
  • An application can be made to have the judgment debtor orally examined before the Irish courts as to what assets the judgment debtor has to satisfy the judgment and, to assist with such an oral examination, an application can also be made to require the judgment debtor to produce a sworn statement of assets and liabilities along with supporting documentation in advance of the oral examination.

7.2 Can the foreign judgment be enforced against third parties?

Generally speaking, a foreign judgment will be enforceable only as against the party to which it is directed. Therefore, should a judgment creditor seek to enforce the judgment against a third party, the judgment creditor will need a court order against that party.

8 Trends and predictions

8.1 How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

In keeping with the general landscape in the European Union, there has been a general move in Ireland towards transparency with respect to the ownership of assets which, although perhaps primarily for anti-money laundering purposes, is a welcome development for judgment creditors seeking to recover monetary judgments. In this regard, significant efforts have been made to move towards all relevant details, in particular details with respect to ownership, relating to immovable property and land in Ireland being recorded and available for inspection. Furthermore, while the legal ownership of shares in Irish companies has been publicly available for a significant period of time, the EU (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 – which came into force in Ireland on 22 March 2019 – introduced new requirements with respect to the disclosure of the beneficial ownership of shares on a Central Register of Beneficial Ownership, and some of this disclosed information should be available to judgment creditors.

Further to the above, Brexit is of particular importance in Ireland, given the close ties between the United Kingdom and Ireland. It remains to be seen what impact Brexit will have on the recognition of UK judgments in Ireland.

9 Tips and traps

9.1 What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?

Our top tip when considering the enforcement and recognition of a foreign judgment in Ireland is to consider the likely prospect of successfully enforcing the foreign judgment in Ireland. In this regard, we would recommend that, prior to commencing any recognition and enforcement steps, extensive asset searches be carried out in order to determine and assess the costs and benefits of proceeding with the enforcement. Carrying out such searches is also important in light of the recent decision of the Irish Court of Appeal with respect to recognition and enforcement, as referred to in question 5.6, whereby the Court of Appeal found that, in an application under common law, a judgment creditor will need to establish that a judgment debtor has assets in Ireland, or provide evidence to demonstrate that there is a reasonable prospect or possibility that the judgment debtor will have assets in , in order to have the foreign judgment deemed enforceable in Ireland.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions