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Judgment from Polish court not recognised in ireland due to violation of public policy on assignment of claims
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Court of Appeal refuses to recognise a judgment from the Warsaw Court of Appeal against an individual, on the grounds that the recognition of such a judgment would be manifestly contrary to Irish public policy, on the grounds that the judgment in question arose from an assignment of claims to a company, which was impermissible due to the prohibition on maintenance and champerty, and a fundamental principle of the legal order in Ireland is the prohibition of the commodification of litigation.
Public policy - champerty - maintenance - assignment of claims - recognition and enforcement of judgments - Brussels I (Recast) - Warsaw Court of Appeal - Irish Court of Appeal - judicial independence - fundamental principles - legal order - commodification of litigation - refusal of recognition - SPV Osus Ltd - McCool v. Honeywell Control Systems - prohibition on assignment - essential rule of law.
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