Sporting Index Ltd -v- O'Shea [2015] IEHC 407 (15 June 2015)

Sporting Index Ltd -v- O'Shea [2015] IEHC 407 (15 June 2015)

Enforcement of a UK judgment for gambling debts is manifestly contrary to Irish public policy as expressed in s.36 of the Gaming and Lotteries Act 1956, which constitutes an essential rule of law in Ireland. The public policy exception in Article 34(1) of Regulation 44/2001 applies, and the order for the gambling debt cannot be enforced. However, the order for costs is not a gambling debt and is enforceable.

Citation
[2015] IEHC 407
Parties
Plaintiff: Sporting Index Limited; Defendant: John O'Shea
Jurisdiction
Ireland
Judgment Date
15 June 2015
Procedural Posture
Judicial Review / Appeal From Order of Master of the High Court Deeming UK Judgments Enforceable in Ireland
Outcome
appeal allowed in part
Legal Topics
Public Policy Exception, Recognition and Enforcement of Foreign Judgments, Gaming and Lotteries Legislation, EU Regulation 44/2001
Conflict of Laws Enforcement of Foreign Judgments Gambling Law Public Policy Exception Recognition and Enforcement of Foreign Judgments Gaming and Lotteries Legislation EU Regulation 44/2001

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Parties

Sporting Index Limited

Plaintiff

John O'Shea

Defendant

Procedural Posture

Judicial Review / Appeal From Order of Master of the High Court Deeming UK Judgments Enforceable in Ireland

Legal Issues

  1. 1 Whether enforcement of UK judgments for gambling debts is prohibited in Ireland under s.36(2) of the Gaming and Lotteries Act 1956
  2. 2 Whether enforcement of such judgments is manifestly contrary to Irish public policy under Article 34(1) of Regulation 44/2001

Ratio Decidendi

Enforcement of a UK judgment for gambling debts is manifestly contrary to Irish public policy as expressed in s.36 of the Gaming and Lotteries Act 1956, which constitutes an essential rule of law in Ireland. The public policy exception in Article 34(1) of Regulation 44/2001 applies, and the order for the gambling debt cannot be enforced. However, the order for costs is not a gambling debt and is enforceable.

Court Disposition

appeal allowed in part

Orders

  • Order for €118,058.99 (gambling debt) not enforceable in Ireland; appeal upheld as to this order.
  • Order for STG £17,500.00 (costs) enforceable in Ireland; appeal refused as to this order.