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The Supreme Court has allowed an appeal from the Court of Appeal, and reinstated a decision of the High Court, ruling that a Polish judgment awarding approximately €6.33 million to an Irish company against an individual can be enforced in Ireland. The Court of Appeal had previously reversed the High Court's decision on the grounds that the assignment allowing the company to pursue the claim was contrary to public policy due to potential issues of champerty. However, the Supreme Court found that the public policy against certain types of assignment does not outweigh the strong policy favoring the enforcement of judgments from other EU Member States. The Supreme Court also noted that the assignment in question did not exhibit the characteristics of commodification or trading in litigation that would contravene Irish public policy.
Polish Court of Appeal, enforcement of foreign judgment, Irish Supreme Court, public policy, assignment of claims, champerty, Brussels Regulation (Recast), recognition of judgments, European Union law, SPV Osus Limited v HSBC Institutional Trust Services (Ireland) Ltd, commodification of litigation, EU Member States, cross-border legal enforcement, onward assignment, Polish law, Irish legal system.
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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