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

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

Recognition of the Polish judgment cannot be refused on public policy grounds under Article 45(1)(a) of Brussels I (recast) because, even if the assignment permitted onward transmission, Polish law as the lex causa does not prohibit such assignments in commercial cases, and the Irish prohibition is concerned with the administration of justice in Ireland, not with judgments rendered abroad. The manifest public policy exception is confined to exceptional cases and is not engaged here.

Citation
[2025] IESC 20
Parties
Respondent: Micheal Scully; Appellant: Coucal Limited
Jurisdiction
Ireland
Judgment Date
26 May 2025
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal allowed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Assignment of Causes of Action, Champerty and Maintenance, EU Regulation Brussels I (recast)
Private International Law Civil Procedure Contract Law Recognition and Enforcement of Foreign Judgments Public Policy Exception Assignment of Causes of Action Champerty and Maintenance EU Regulation Brussels I (recast)

Case Brief

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Parties

Micheal Scully

Respondent

Coucal Limited

Appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether recognition of a Polish judgment should be refused in Ireland on the ground that it is manifestly contrary to Irish public policy under Article 45(1)(a) of Brussels I (recast) due to assignment of a bare cause of action.
  2. 2 Whether the assignment agreement permitted onward transmission of the claim and if so, whether this renders the assignment void under Irish law.

Ratio Decidendi

Recognition of the Polish judgment cannot be refused on public policy grounds under Article 45(1)(a) of Brussels I (recast) because, even if the assignment permitted onward transmission, Polish law as the lex causa does not prohibit such assignments in commercial cases, and the Irish prohibition is concerned with the administration of justice in Ireland, not with judgments rendered abroad. The manifest public policy exception is confined to exceptional cases and is not engaged here.

Court Disposition

Appeal allowed

Orders

  • Order of the Court of Appeal set aside
  • Recognition of the Polish judgment not refused on public policy grounds