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