Category: Transnational Litigation
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Enforcing US Court Judgments in Ireland-The Common Law Principles
As there is no agreement in place between the United States and Ireland for the automatic recognition and enforcement of Judgments obtained from a court in the US in Ireland, it will be necessary to rely on common law rules. This can pose major difficulties for holders of judgments against debtors from outside Ireland. In…
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Hague Convention Service in Ireland-The Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
Ireland is one of the signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. The Federal Rule of Civil Procedure 4(f) provides that service on an individual in a foreign country may be served by any internationally agreed means of service such as the methods…
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The European Order for Payment Regulation Procedure
The European Order for Payment Regulation is an attempt to put in place an EU wide procedure for inter EU state debts. The whole purpose of the regulation was to put in place a uniform procedure across member states for the collection of uncontested debts. It is an additional procedure to existing home state procedures…
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Enforcing UK Debt in Ireland-Debt Collection in Ireland for UK Creditors
If you have secured a judgment in the UK in respect of a debt but find that your debtor is now living in Ireland, how do you enforce your debt? Article 33 of the Brussels I regulation stipulates that any judgment obtained in a member state will be recognised in other member states without…
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Enforcement of Non EU Judgments in Ireland
Unlike procedures laid down under the Brussels I Regulation or Lugano Convention for the enforcement of judgments between EU member states there is no formal procedure in the Rules of the Superior Courts in Ireland for the enforcement of judgements from non EU countries such as the United States, Canada, India etc. Strictly speaking the…