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Jurisdictional question on negative declaration over Norwegian costs order referred to EU Court
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The Supreme Court, hearing an appeal from the Court of Appeal (which had itself affirmed a High Court dismissal), held that Irish courts may have jurisdiction to hear a claim for a negative declaration that the plaintiff is not personally liable for a Norwegian costs order, rejecting the argument that only the Norwegian courts have exclusive jurisdiction under the Lugano Convention. The case concerned whether proceedings seeking a negative declaration in Ireland about liability for costs in Norwegian proceedings are 'concerned with the enforcement of judgments' within the meaning of the Convention. The Court found the issue unresolved in EU law and referred the question to the Court of Justice of the European Union for a preliminary ruling, staying the appeal pending that outcome. The matter raised unusual facts involving cross-border corporate structures and the use of non-party liability and protective orders related to insurance subrogation.
exclusive jurisdiction – negative declaration – costs order – enforcement of judgments – Lugano Convention – Article 22(5) – Irish courts jurisdiction – Norwegian proceedings – third party liability – non-party costs order – subrogated insurer – preliminary reference – Court of Justice of the European Union – plenary summons – stay pending EU reference
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