Recognition and Enforcement of Foreign Titles in Ireland

Public databases can be searched to see if a judgment debtor has assets in the jurisdiction.

The Land Registry maintains a register of real estate ownership.  Almost 90% of the legal titles in Ireland are now registered. The remaining 10% is in the registration process and is recorded for the time being in the more limited Registry of Deeds database.

The Companies Registration Office (CRO) maintains a register of companies, business names, and limited partnerships and a repository of statutory filings for every company registered in Ireland. It includes director and shareholder details, as well as annual accounts.  It is searchable for free, but a small fee applies for copies of any filings.

Ireland also maintains a Central Register of Beneficial Ownership of Companies. However, access to beneficial ownership information is restricted under EU law.

Searching judgment, bankruptcy and insolvency registers, and court proceedings is also possible.

During enforcement proceedings, it is possible to apply to the Court for discovery in aid of execution, for information about an Irish-domiciled debtor’s assets.

Save for judgments issued by other EU Member States which benefit from mutual recognition under EU law, a foreign judgment must be recognized before enforcement steps are taken.

Ireland is a member of the European Union. Under the Brussels I Regulation (recast), a creditor seeking to enforce a judgment from another member state must file a copy of the judgment, a certificate issued by the foreign court that issued the judgment, and a translation if required. No declaration of enforceability or application to court is required. The creditor can then avail of any enforcement measures which are available under domestic Irish law.

EU judgments issued for a specific sum in uncontested proceedings are recognized under Regulation 805/2004 (the European Enforcement Order Regulation).

Judgments issued by contracting states to the Lugano Convention are recognizable in Ireland. The judgment creditor must make an application ex parte (i.e. without the other side represented) on affidavit to the Master of the High Court. If the application papers and proofs are in order, the Court will issue an order granting leave to enforce the judgment, notice of which must be served on the party whom it was made against.  That party has the right of appeal.

Ireland is also a party to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Convention 2019). An application under that Convention for recognition or enforcement in Ireland of a judgment of another contracting state must be made to the Master of the High Court. The application will be determined in accordance with the Convention. If the application is successful, an enforcement order will be made which has the same force as a domestic judgment.

If the foreign judgment is not enforceable under the terms of any international convention to which Ireland is a party, an application may be made to enforce it under common law rules. The relevant common law rules are essentially the same as those applied by the courts of England and Wales. The judgment must be (i) for a liquidated sum, (ii) final and conclusive, and (iii) handed down by a court of competent jurisdiction. The judgment creditor must commence a new action before the Irish courts for the amount of the judgment debt. This is usually done by issuing a summary summons, and then issuing an application for summary judgment on notice to the debtor. If the creditor is successful, the Irish courts will hand down a judgment which can be enforced in Ireland like any other Irish judgment.

The length of time depends on the process followed and whether it is challenged by the debtor. It can take anywhere from one month to a year or more.  

Court stamping fees apply based on the value of the judgment and the procedure followed, but they are not significant. Legal costs are a matter between the client and their legal advisors.

Recognition can be challenged under Article 45 of the Brussels I Regulation (recast) if:

1. recognition would be contrary to public policy;
2. the judgment was given in default of appearance, and the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so;
3. the judgment is irreconcilable with a judgment given between the same parties in the Member State addressed;
4. the judgment is irreconcilable with an earlier judgment given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State addressed; or
5. the judgment conflicts with certain exclusive jurisdiction provisions of the Regulation.

Recognition under the Lugano Convention or Hague Convention 2019 can be refused on grounds set out in those conventions respectively.  

An application for recognition under common law rules can be resisted on grounds of fraud, public policy, lack of jurisdiction of the foreign court, or natural justice.

The applicable time limits depend on the origin of the judgment. Generally, recognition and execution are possible in Ireland within six years from the date of judgment. The judgment must still be capable of execution in the state that issued it. 

The costs of any court applications may be awarded to the applicant if successful. These are at the discretion of the Court.

A judgment once recognized can be enforced by:

• Registering a judgment mortgage against real estate owned by the judgment debtor.
• Arranging for the seizure and sale of goods by a Sherriff.
• Obtaining a charging order over a shareholding of the judgment debtor in any Irish company.
• Appointing a receiver over the judgment debtor’s Irish property.
• Obtaining an order that any money owing to the judgment debtor be paid to the judgment creditor instead (a garnishee order).
• Petitioning for a winding up of any Irish judgment debtor company.

Once recognized and enforced in Ireland, a foreign judgment can be claimed as part of an insolvency process in Ireland and can be used as a basis for applying for a winding-up order of a judgment debtor Irish company.  

Ireland is a party to the New York Convention on the Recognition and Enforcement of Arbitration Awards. Foreign arbitral awards are, therefore, binding and enforceable in Ireland. A judgment creditor must apply to the High Court by originating notice of motion for leave to enforce or to enter judgment in respect of an award. The original award or a copy thereof must be produced. The judgment debtor can object to the recognition; however, recognition may be refused only on the grounds set out in Article 36 of the Model Law.