UK County Court Judgement

Camzor

Hi all, posting a quick message on behalf of company I know, any help/advice appreciated!

"We are a small ltd co in dispute with the UK division of a multinational company. The amt involved is €20,000 approx and we would like info on the following:
We received a UK County Court Claim form in post asking if we (a) are we going to defend the claim or (B) do we admit any/part of the claim against us.

What we would like to know is:
What jurisdiction does a UK County Court have in Rep of Ire?
If they get a decree for the amt do they have authority to execute it here?
Also, is that decree sufficient for them to move for liquidation of our company, and if so, what action would they have to take to proceed in that process?"

Any/all help/advice appreciated!

Peterdalkey

Specific legal advice is prohibited on boards.ie. On a wider note, judgement against an Irish entity based in Ireland must be obtained through the Irish courts to be enforcable in this jurisdiction.

Nuttzz

A UK judgment can be enforced in Ireland, see http://businessandlegal.ie/how-to-enforce-a-foreign-judgment-in-ireland

Peterdalkey

Apparently most of them fail in the case of County Court judgments as mostly they do not actually serve the summons on the defendant , making them uneforcable in Ireland.
Of course they can always seek a regular judgement here too, which may be cheaper than going though the expensive High Court route of enforcement.

OP would be well advised to get expert commercial legal advice.

DubTony

I remember my brother receiving a threat of legal action from a UK supplier. He owed them £400. The letter contained all the usual stuff re credit rating, and county court judgements. The phone call he made to his contact in that company was amusing.

"Hi Linda, it's me."
He listened while she went through the pleasantries.
" What's this nonsense I just got in the post? Are you threatening me with legal action in England, while I'm here in Dublin? Are you expecting me to turn up for a court hearing? Will I move the whole company over to England so you can sue me? Would you like to help me organise a school for the kids first? What's a nice area near your offices? Are there houses to rent there? How much deposit will I need? When should I move?"

She spoke for a minute.

"Look, there's no point pissing off customers for a few quid. Anyway, you'll have something in the post by the end of next week. Take care. Bye."

What he didn't tell her was the post would contain a letter from the liquidator informing her of the upcoming meeting. Ah well.

srsly78

If anyone finds themselves in the opposite situation (ie a customer in the UK owes you money) -> https://www.moneyclaim.gov.uk (official uk govt website for making claim). You can file a uk claim with a few mouse clicks and a payment on your card.

Camzor

Hi All, thanks for the replies, very helpful. Another quick (non specific this time!) question for you all - Does the defendant have to be notified in the event of an application being made to the Irish High Court for a Declaration of Enforcability? Thanks!

Peterdalkey

Once the necessary documents above have been filed and exhibited the Master of the High Court will issue a Declaration of Enforceability which has the same effect as a Judgment of the High Court in Ireland.



A Notice of Enforcement is then served on the Defendant along with the order of the Master. The Master’s Order will contain a time period within which the debtor can appeal the decision, generally 1 month.

Only after the event, it appears!"!"

BuffyBot

OP: You need professional advice, something an internet forum isn't qualified to give you. I'm closing this until the local mods have a chance to review it.