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ARTICLE · 05 JUNE 2025

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Balancing Public Policy Considerations And The Recognition Of Foreign Judgments

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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The Supreme Court recently delivered its judgment in Scully v Coucal Limited [2025] IESC 20, finding that the public policy exception to enforcement of foreign judgments under Article 45(1)...

IrelandLitigation, Mediation & Arbitration
Paul Convery
Paul Convery
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The Supreme Court recently delivered its judgment in Scully v Coucal Limited [2025] IESC 20, finding that the public policy exception to enforcement of foreign judgments under Article 45(1)(a) of Brussels I Regulation (Recast) (Brussels Recast) should be confined to special and exceptional cases.

A Polish judgment obtained by Coucal Limited (Appellant) on foot of an assignment of a bare cause of action, valid under Polish law, was found to be enforceable under Irish law. This was despite the general rule that such an assignment is generally not allowed under Irish law. As discussed in previous William Fry articles, such assignments are regarded as savouring of maintenance and champerty and are therefore unlawful.

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