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Results: 4 Answers
Enforcement of Foreign Judgments
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?
 
Ireland
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.

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