UK Judgements enforceable in Ireland?

computerman

Registered User
Messages
339
Re the above - is a civil judgement obtained in the UK, is it enforceable in Eire? The sum involved is 60 sterling. (ebay thing purchase gone wrong). Question is onbehalf of a tenant who's command of English is minimal.
 
Yes, but for £60 it's extremely unlikely the person would go through the procedures necessary to make it enforceable - they would have to apply to the Master of the High Court.
 
Thanks J.

If the master was to permit the Judgement, can I ask, what would the likely outcome be?
 
The judgment is then in full force in Ireland and all the usual remedies (sheriff, garnishee, judgment mortgage etc) would be available to the judgment creditor.

Believe me, for £60 this won't happen.
 
The enforcement of judgments between the EU member states is regulated by the Brussels I Regulation (44/2001, OJL 12/1, 16 January 2001) ("the Regulation"). On the 22nd December 2000, the European Council agreed the Regulation to replace the Brussels Convention on Jurisdiction and Enforcement of Judgments 1968 ("the Brussels Convention"). The purpose of the Regulation was to bring the law contained in the Brussels Convention into the main body of EC Law. The Regulation was implemented in Ireland by Statutory Instrument 52 of 2002, European Communities (Civil and Commercial Judgments) Regulations 2002, which came into force on the 1st March 2002.

An application to enforce a judgment originating from another EU member state in Ireland is made ex-parte by Notice of Motion and Grounding Affidavit to the Master of the High Court who determines the application in accordance with the Regulation. The Grounding Affidavit is sworn by the Irish solicitor making the application on behalf of the party who wishes to enforce the judgment.
Article 53 of the Regulation sets out the documents which are required to be exhibited in the Grounding Affidavit and they are as follows:
A copy of the judgment which satisfies the conditions necessary to establish its authenticity. In Ireland, it must be the original or a certified or otherwise authenticated copy of the judgment.
A Certificate using the standard form in annex 5 of the Regulation setting out:-
  • the member state of origin;
  • the Court or competent authority issuing the Certificate;
  • the Court which delivered the judgment or approved the Court settlement;
  • details of the judgment or the Court settlement to include the date it was given,
  • its reference number,
  • the parties to the judgment or the Court settlement,
  • the name of the Plaintiffs, the name of the Defendant, the name of the other parties, if any,
  • the date of service of the document instituting the proceedings where the judgment was given in default of appearance;
  • the text of the judgment or the Court settlement;
  • the names of the parties to whom legal aid has been granted.
The Certificate is provided by the court officials in the member state in which the judgment was given.
The Master of the High Court will declare the judgment enforceable when Article 53 of the Regulation has been complied with. The enforcement order when granted means that the foreign judgment shall have the same force and effect as if it were a judgment of the High Court. (There are a number of methods of enforcing a judgment under Irish law and those are outlined at Appendix 1).
A party seeking an order for enforcement is at liberty to apply to the High Court for provisional or protective measures in accordance with Article 31 of the Regulation. The High Court may grant such measures if the proceedings have been or are to be commenced in a member state and the subject matter of the proceedings is within the scope of the Regulation.
The High Court may refuse to grant the protective measures sought if, in its opinion, the Court does not have jurisdiction in relation to the subject matter of the proceedings.