Originally published by International Law
Office, October 12, 2012
High Court decision
Supreme Court decision
The courts recently considered the issue of enforceability in
Ireland of an order if made by Swiss courts in Swiss liquidation
proceedings.1 The order would require the return of
monies paid – at a disadvantage to creditors – to Irish
company Flightlease which had since been liquidated in Ireland.
High Court decision
The Irish High Court2 had decided that although it
found a real and substantial connection between Switzerland and the
cause of action before the Swiss court, as Flightlease was not
present or carrying on business through an agent in Switzerland
when the proceedings were instituted and had not submitted to the
jurisdiction of the Swiss courts, it would be inappropriate for the
Irish court to recognise any judgment on the relevant matter in the
Swiss liquidation proceedings. The High Court rejected the real and
substantial connection test
