Scully v Coucal Ltd (Approved) [2025] IESC 20 (26 May 2025)

Scully v Coucal Ltd (Approved) [2025] IESC 20 (26 May 2025)

Enforcement of the Polish judgment is not manifestly contrary to Irish public policy. The Irish prohibition on certain assignments does not reach the high threshold required to refuse recognition of a foreign judgment under Article 45(1)(a) of Regulation (EU) No. 1215/2012, given the strong policy in favour of enforcement of judgments from other EU Member States and the evolving nature of the law on assignments and champerty.

Citation
[2025] IESC 20
Parties
Respondent: Michael Scully; Appellant: Coucal Limited
Jurisdiction
Ireland
Judgment Date
26 May 2025
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed; High Court order restored; matter re-entered for submissions on the unresolved 'rule of law' issue.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Assignment of Claims, Public Policy Exception, Champerty and Maintenance
Private International Law Civil Procedure Contract Law Recognition and Enforcement of Foreign Judgments Assignment of Claims Public Policy Exception Champerty and Maintenance

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Parties

Michael Scully

Respondent

Coucal Limited

Appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether enforcement of a Polish judgment based on an assignment of claims, potentially permitting onward assignment, is manifestly contrary to Irish public policy under Article 45(1)(a) of Regulation (EU) No. 1215/2012

Ratio Decidendi

Enforcement of the Polish judgment is not manifestly contrary to Irish public policy. The Irish prohibition on certain assignments does not reach the high threshold required to refuse recognition of a foreign judgment under Article 45(1)(a) of Regulation (EU) No. 1215/2012, given the strong policy in favour of enforcement of judgments from other EU Member States and the evolving nature of the law on assignments and champerty.

Court Disposition

Appeal allowed; High Court order restored; matter re-entered for submissions on the unresolved 'rule of law' issue.

Orders

  • Enforcement of the Polish judgment is permitted in Ireland.
  • Matter re-entered to determine whether the 'rule of law' issue should be remitted to the Court of Appeal or dealt with by the Supreme Court.