Answer ... 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.
Answer ... 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.
Answer ... 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.
Answer ... 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.