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Court of Appeal dismisses appeal from High Court, and affirms dismissal of proceedings seeking a declaration that the appellant was not personally liable for a substantial costs order made against an Irish-registered company in Norway, on the grounds that the matter was within the exclusive jurisdiction of the Norwegian courts under the Lugano Convention. The proceedings in Ireland were intrinsically linked to the enforcement of the Norwegian judgment. The original High Court case had granted a stay on the Norwegian proceedings pending a decision on jurisdiction, but the Court of Appeal affirmed that the Irish proceedings were essentially concerned with preventing the enforcement of the Norwegian costs order against the appellant, thus falling within the exclusive jurisdiction of the Norwegian courts.
Lugano Convention, exclusive jurisdiction, Norwegian Courts, personal liability, costs order, SJI Equities, negative declaration, enforcement of judgment, appellate decision, Irish High Court, Court of Appeal, damages claim, Swedish Disputes Act, non-party costs order, Moorview Developments Ltd v. First Active PLC, tortious interference, Zurich Insurance PLC, subrogation, voluntary liquidation, Irish company law, Norwegian tort law.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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