Q&As

How do you enforce an Irish judgment in England and Wales?

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Published on LexisPSL on 08/01/2021

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How do you enforce an Irish judgment in England and Wales?
  • Which enforcement regime applies
  • CPR provisions and the Queen’s Bench Guide
  • Application fee
  • The certificate

How do you enforce an Irish judgment in England and Wales?

Which enforcement regime applies

Ireland is an EU Member State. When seeking to enforce a judgment in England and Wales that was given in proceedings commenced in the Irish courts before 31 December 2020, the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast) apply. This is due to provisions in Article 67 and 69 of the Withdrawal Agreement between the EU and the UK and The Civil Jurisdiction and Judgments (Amendment)(EU Exit) Regulations 2019, SI 2019/479, reg 93 as amended by The Civil, Criminal and Family Justice (Amendment)(EU Exit) Regulations 2020, SI 2020/1493, reg 5(4).

For guidance on the enforcement procedure under Brussels I (recast), see Practice Notes: Recognition of judgments under Brussels I (recast) and Enforcement of judgments under Brussels I (recast)

CPR provisions and the Queen’s Bench Guide

•Article 41 of Regulation 1215/2012, Brussels I (recast) provides that the procedure for enforcement should be governed by the law of the EU Member State in which enforcement is being sought. In England and Wales this is the provisions in Part 74 and practice direction 74A in force as at 31 December 2020.

Old practice

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