{"id":10178,"date":"2022-07-05T17:26:51","date_gmt":"2022-07-05T17:26:51","guid":{"rendered":"http:\/\/legalblog.ie\/recognition-judgments-non-eu\/"},"modified":"2024-02-27T07:45:17","modified_gmt":"2024-02-27T07:45:17","slug":"recognition-judgments-non-eu","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/","title":{"rendered":"Recognition Non-EU"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Method_of_Enforcement\" title=\"Method of Enforcement\">Method of Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Common_Law_Enforcement\" title=\"Common Law Enforcement\">Common Law Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Common_Law_Criteria\" title=\"Common Law Criteria\">Common Law Criteria<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Competence_of_Foreign_Court\" title=\"Competence of Foreign Court\">Competence of Foreign Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Territorial_Connection\" title=\"Territorial Connection\">Territorial Connection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Nature_of_Judgment_Order\" title=\"Nature of Judgment Order\">Nature of Judgment Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Foreign_Judgment_as_Defence\" title=\"Foreign Judgment as Defence\">Foreign Judgment as Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Due_Process_Defence\" title=\"Due Process Defence\">Due Process Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Public_Policy_Defence\" title=\"Public Policy Defence\">Public Policy Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/recognition-judgments-non-eu\/#Inter-UK_Commonwealth\" title=\"Inter-UK &amp; Commonwealth\">Inter-UK &amp; Commonwealth<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Method_of_Enforcement\"><\/span>Method of Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Brussels Recast Regulation applies to the enforcement of judgments within the EU of judgments from the courts of other EU Member States. There are various conventions and rules that apply to the recognition of judgment given in countries other than EU countries.<\/p>\n<ul>\n<li>Lugano Convention &#8211; the enforcement of judgments from\u00a0 (EFTA) states, namely Iceland, Norway and Switzerland<\/li>\n<li>The Hague Judgments Convention has scope to be more relevant than the other instruments as more Contracting States ratify it, and it enters into force.<\/li>\n<li>Hague Convention on Choice of Court Agreements \u2013 in addition to EU Member States, this applies to enforcement for the United Kingdom, Singapore, Mexico and Ukraine<\/li>\n<li>There is legislation in respect to the recognition of the Commonwealth judgments in the United Kingdom. There is separate legislation for mutual recognition of English, Scottish and Northern Ireland judgments within the United Kingdom.mon Law enforcement \u2013<\/li>\n<\/ul>\n<p>The common law rules apply unless there is a treaty or legislation providing for the recognition of judgments. Common Law enforcement principles apply to judgments from any countries not referenced above.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Common_Law_Enforcement\"><\/span>Common Law Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At common law, recognition of judgments is not automatic. An application must be made to the court. The common law rules in relation to recognition and enforcement apply where the judgment was given in a state not covered by the EU rules or a Convention.<\/p>\n<p>Recognition of a judgment\/court order is required for enforcement. The claimant may wish to take steps against the defendant personally or against his assets within the jurisdiction. It may be desired, for example, to take steps to enforce a judgment against in multiple different jurisdictions where assets are available.<\/p>\n<p>Recognition of the foreign judgment involves the Irish court authorising the claimant or other person with a judgment given in a foreign place to take enforcement steps to have it satisfied within Ireland. If the claimants were to take the same claim again in Ireland, the foreign judgment may be raised as a defence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Common_Law_Criteria\"><\/span>Common Law Criteria<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>At common law, the following is generally required in order for a judgment\/court order to be recognised:<\/p>\n<ul>\n<li>The original Court must have had competent jurisdiction.<\/li>\n<li>Judgment must be final and conclusive.<\/li>\n<li>Judgment must be for a fixed sum of money.<\/li>\n<li>It must not be a tax or a penalty.<\/li>\n<\/ul>\n<p>If the foreign judgment satisfies these criteria, it is presumptively enforced. It is then a matter for the defendant or person who is liable on the judgment to show a defence by which the judgment should not be enforced.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Competence_of_Foreign_Court\"><\/span>Competence of Foreign Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The question of whether the foreign court was competent depends on whether it was entitled to hear the proceedings under Irish conflict of law rules. This would be the case where the defendant submitted to jurisdiction or whether there are sufficient connections between the debtor and the relevant country. Other connections, such as the mere fact that the dispute arose in a particular country or the mere fact that the defendant has assets, are insufficient.<\/p>\n<p>A submission to the jurisdiction can take place in several ways. If the defendant consented to the jurisdiction. This could happen by way of a contractual clause in an agreement submitted to that particular jurisdiction.<\/p>\n<p>The defendant may have submitted to jurisdiction by voluntarily appearing. This covers appearing and defending the claim on its merits. \u00a0Entering an appearance, even if he took no further steps, may be sufficient.<\/p>\n<p>It is not sufficient that he submitted in the eyes of the Court. There must be proof that he accepted jurisdiction. Appearing to contest the jurisdiction or asking the court to stay the proceedings would not be sufficient.<\/p>\n<p>An appearance is not voluntary if it&#8217;s due to duress. This may include appearing to release properties seized or threatened with seizure.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Territorial_Connection\"><\/span>Territorial Connection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The territorial connection must be in the nature of presence or residence.\u00a0 Where a person is resident and present, this is a sufficient connection. Where a person is present but not resident, the modern approach is that a person voluntarily present has a sufficient connection even if they are not long-term residents. It is not clear if the person is a resident but not there at the time proceedings are commenced if this is sufficient.<\/p>\n<p>Some countries may purport to allow a person to be sued on the basis of the presence of property in that country only.\u00a0 The defendant would be regarded as submitting to the Court if he took part as a claimant in the proceedings.<\/p>\n<p>In relation to a company, the question is whether it is economically present in the country where the judgment was given by doing business there. The mere fact that a company carries on business in a country is not enough to make it subject to that country\\&#8217;s jurisdiction for this purpose. A presence would mean it has established a fixed place of business for more than a minimal period and carries on such business through employees or agents.<\/p>\n<p>Indirect presence may arise where there is a representative of the company present for more than a minimal period in carrying on the company\\&#8217;s business in that other country at or from some fixed place of business. He must carry on the company\\&#8217;s business and not his own.<\/p>\n<p>In the case of property, the country in which the property is situated will be regarded as the competent jurisdiction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nature_of_Judgment_Order\"><\/span>Nature of Judgment Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The judgment must be final and conclusive. If it may be challenged by the losing party in the same court, it will not be regarded as final and conclusive and will not be enforced.<\/p>\n<p>At common law, orders for delivery of goods, specific performance or injunctions were not enforced. There must be an order for a fixed sum of money. The Courts do not enforce each other\u2019s revenue law at common law, unlike the position under the EU regulations.<\/p>\n<p>An order by a criminal court that a defendant must compensate the victim is enforceable. However, a punishment or tax is not enforceable.<\/p>\n<p>The judgment must be final and conclusive. It must be on the merits. The same parties must be involved as are parties to the application for recognition.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Foreign_Judgment_as_Defence\"><\/span>Foreign Judgment as Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may rely on a foreign judgment as a defence in proceedings brought in Ireland.\u00a0In order to be a defence, a foreign judgment must be on the merits.<\/p>\n<p>Where the foreign court dismisses the claim because it does not have jurisdiction, this would not be on the merits. A decision on the merits is one that establishes the facts proved are in dispute and affirms the principles of law that apply to them based on the facts.<\/p>\n<p>In order for a foreign judgment to operate as a defence, it must be between the same parties and relate to the same matter. \u00a0It must raise the same issues as have already been determined.<\/p>\n<p>There are a number of defences to recognition. A judgment will not be recognised if it is obtained in a manner contrary to natural justice. This means that the defendant must have been given notice of the proceedings and have a proper opportunity to present his case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Due_Process_Defence\"><\/span>Due Process Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It may be enough if a person receives notice in accordance with the terms of a contract, even though the method of service does not cause him to become actually aware of the proceedings.\u00a0 In practice, it is difficult to succeed on this ground.<\/p>\n<p>If the judgment was not obtained in accordance with basic principles of justice, then it may not be recognised. The foreign court must, at the very least, follow basic principles such as an independent judge, a right to participate, an adjudication on disputed facts and a judgment and order made by applying the law to the facts found.<\/p>\n<p>A judgment will not be enforced if it is obtained by fraud. Fraud in this context includes where it was obtained by false evidence. It covers where the defendant has been deprived of an opportunity to take part in the proceedings by means of a device, trick or, violence or threats or where the foreign Curt was bribed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_Policy_Defence\"><\/span>Public Policy Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Recognition may be denied where it is contrary to public policy. This would be unusual in commercial cases. Public policy is narrow in scope. An example may be the refusal to recognise a judgment to enforce a gambling debt.<\/p>\n<p>A prior Irish judgment may be a defence. A judgment in breach of an arbitration clause would generally not be recognised.\u00a0 This will not apply to an illegal or void arbitration clause.<\/p>\n<p>Some foreign Courts award multiple damages, which go beyond compensation. This may be penal damages. In this case, the excess or multiple damages element may not be enforced.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Inter-UK_Commonwealth\"><\/span>Inter-UK &amp; Commonwealth<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is legislation allowing for reciprocal enforcement of money judgments as between the UK and Commonwealth jurisdictions. The enforcement operates by registration of the foreign judgment with the English Court.<\/p>\n<p>The criteria are similar to those with common law.\u00a0 The foreign Court must have had competent jurisdiction. It is enough if the defendant carried on a business in the country.<\/p>\n<p>Judgments obtained in Scotland, Northern Ireland or England can be registered and enforced in the other jurisdiction. It applies to money judgments and specific performance. The defences of fraud, natural justice, and public policy are not available.<\/p>\n<p>The judgment is not enforced if it was not duly served, it was obtained by fraud, an appeal is pending, or it is against public policy.<\/p>\n<p>Relief must be applied for to the local Court. However, a judgment cannot be enforced if it conflicts with an existing judgment on the same subject.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10178\" data-postid=\"10178\" class=\"themify_builder_content themify_builder_content-10178 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Method of Enforcement The Brussels Recast Regulation applies to the enforcement of judgments within the EU of judgments from the courts of other EU Member States. There are various conventions and rules that apply to the recognition of judgment given in countries other than EU countries. Lugano Convention &#8211; the enforcement of judgments from\u00a0 (EFTA) [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[155],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10178"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10178"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10178\/revisions"}],"predecessor-version":[{"id":32407,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10178\/revisions\/32407"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10178"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10178"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10178"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}