Scully v Coucal (Approved) [2025] IESC 51 (27 November 2025)

Scully v Coucal (Approved) [2025] IESC 51 (27 November 2025)

The respondent's failure to object to the composition of the Warsaw Court of Appeal panel, specifically the secondment of Judge Strączyńska, before that court precludes him from raising a public policy objection to recognition of its judgment in Ireland under Article 45(1)(a) of Regulation (EU) No. 1215/2012. The public policy exception is exceptional and requires that all remedies in the state of origin be exhausted unless it was impossible to do so, which was not established here.

Citation
[2025] IESC 51
Parties
Respondent: Michael Scully; Appellant: Coucal Limited
Jurisdiction
Ireland
Judgment Date
27 November 2025
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed; recognition of the Warsaw Court of Appeal judgment not refused on public policy grounds.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Judicial Secondment, Mutual Trust Between EU Member States
European Union Law Civil Procedure Recognition and Enforcement of Foreign Judgments Public Policy Exception Judicial Secondment Mutual Trust Between EU Member States

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Michael Scully

Respondent

Coucal Limited

Appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether failure to object to the composition of a foreign appellate court panel precludes raising a public policy objection to recognition of its judgment in Ireland under Article 45(1)(a) of Regulation (EU) No. 1215/2012
  2. 2 Whether the secondment of Judge Strączyńska to the Warsaw Court of Appeal invalidated the judgment for recognition purposes

Ratio Decidendi

The respondent's failure to object to the composition of the Warsaw Court of Appeal panel, specifically the secondment of Judge Strączyńska, before that court precludes him from raising a public policy objection to recognition of its judgment in Ireland under Article 45(1)(a) of Regulation (EU) No. 1215/2012. The public policy exception is exceptional and requires that all remedies in the state of origin be exhausted unless it was impossible to do so, which was not established here.

Court Disposition

Appeal allowed; recognition of the Warsaw Court of Appeal judgment not refused on public policy grounds.

Orders

  • Recognition of the Warsaw Court of Appeal judgments dated 10 June 2021 and 7 July 2021 is not refused under Article 45(1)(a) of Regulation (EU) No. 1215/2012.