Societe Lacoste S.A. v. Keely Group Ltd. [1998] IEHC 157; [1999] 3 IR 534; [1999] 1 ILRM 510 (3rd November, 1998)

Societe Lacoste S.A. v. Keely Group Ltd. [1998] IEHC 157; [1999] 3 IR 534; [1999] 1 ILRM 510 (3rd November, 1998)

The Master had jurisdiction to enforce the French judgment under Article 34(3) of the Brussels Convention because the appeal judgment was given after the Convention was in force in both France and Ireland, jurisdiction in France was based on a written agreement, and the Defendant was given sufficient time to arrange its defence.

Citation
[1999] 1 ILRM 510
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction Under Brussels Convention, Recognition of Judgments, Service of Process
Private International Law Civil Procedure Enforcement of Foreign Judgments Jurisdiction Under Brussels Convention Recognition of Judgments Service of Process

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Brussels Convention applied to the enforcement of the French judgment in Ireland
  2. 2 Whether sufficient time was given to the Defendant for its defence under Article 27 of the Convention
  3. 3 Whether the Master's orders were defective for not reciting that France was a contracting State

Ratio Decidendi

The Master had jurisdiction to enforce the French judgment under Article 34(3) of the Brussels Convention because the appeal judgment was given after the Convention was in force in both France and Ireland, jurisdiction in France was based on a written agreement, and the Defendant was given sufficient time to arrange its defence.

Court Disposition

appeal dismissed

Orders

  • Refusal to set aside the Master's orders authorising enforcement of the French judgments.