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Court of Appeal allows appeal and determines that the recognition and enforcement of a Polish judgment against an individual, based on an assignment of claims to a company, must be refused on the grounds that the assignment, which allowed for the possibility of further transfer to an unconnected third party, is contrary to the essential public policy in Ireland against the commodification of litigation; and the assignments were deemed to facilitate trading in claims, which is fundamentally at odds with the administration of justice in Ireland.
Brussels I (Recast) - Article 45(1)(a) - public policy (ordre public) - assignment of claims - champerty - maintenance - commodification of litigation - judicial independence - recognition and enforcement of judgments - special purpose vehicle (SPV) - fundamental principles - Irish legal order - refusal of recognition - Court of Appeal - Supreme Court - High Court - Poland - Warsaw Court of Appeal.
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