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Results: 4 Answers
Enforcement of Foreign Judgments
7.
Enforcing the foreign judgment
7.1
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?
 
Ireland
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.
For more information about this answer please contact: Peter Bredin from Dillon Eustace
7.2
Can the foreign judgment be enforced against third parties?
 
Ireland
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.

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