Comparative Guides
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Results: 4 Answers
Enforcement of Foreign Judgments
6.
Appeals
6.1
Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?
 
Ireland
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.

For more information about this answer please contact: Peter Bredin from Dillon Eustace
6.2
Can the applicant seek injunctive relief while the appeal is pending?
 
Ireland
Yes. However, the comments set out in question 3.7 are again applicable.

For more information about this answer please contact: Peter Bredin from Dillon Eustace