White -v- Melling [2018] IEHC 42 (23 January 2018)

White -v- Melling [2018] IEHC 42 (23 January 2018)

The court found no evidence of a binding settlement agreement accepted by the plaintiff that would compromise the enforceability of the European Enforcement Order. The plaintiff was not obliged to disclose the alleged settlement in the ex parte application, as the evidence did not establish a concluded contract. The Irish court has no jurisdiction to review the substance of the UK judgment certified as a European Enforcement Order.

Citation
[2018] IEHC 42
Parties
Plaintiff/respondent: Vivien White; Defendant/applicant: Peter Melling
Jurisdiction
Ireland
Judgment Date
23 January 2018
Procedural Posture
Motion to Vacate Enforcement Order / Post Judgment Enforcement
Outcome
application dismissed
Legal Topics
European Enforcement Order, Unfair Dismissal, Settlement Agreement, Ex Parte Applications, Full and Frank Disclosure
Civil Procedure Employment Law EU Law European Enforcement Order Unfair Dismissal Settlement Agreement Ex Parte Applications Full and Frank Disclosure

Case Brief

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Parties

Vivien White

Plaintiff/respondent

Peter Melling

Defendant/applicant

Procedural Posture

Motion to Vacate Enforcement Order / Post Judgment Enforcement

Legal Issues

  1. 1 Whether the plaintiff failed to disclose material facts in the ex parte application for leave to execute the European Enforcement Order
  2. 2 Whether a binding settlement agreement compromised the enforceability of the UK judgment in Ireland
  3. 3 Whether the Irish court has jurisdiction to review the substance of the UK judgment certified as a European Enforcement Order

Ratio Decidendi

The court found no evidence of a binding settlement agreement accepted by the plaintiff that would compromise the enforceability of the European Enforcement Order. The plaintiff was not obliged to disclose the alleged settlement in the ex parte application, as the evidence did not establish a concluded contract. The Irish court has no jurisdiction to review the substance of the UK judgment certified as a European Enforcement Order.

Court Disposition

application dismissed

Orders

  • Order of 18th April, 2016 granting leave to execute the European Enforcement Order stands
  • No vacation of enforcement order