Locations
Fieldfisher Ireland LLP, on behalf of its client, Coucal Limited, has recently been successful in securing leave to appeal to the Supreme Court of Ireland. The case involves important issues which touch on the assignment of bare rights of action, champerty and maintenance, how litigation is constituted and how Irish law interacts with EU law regarding. the enforceability of EU judgements in these areas.
The case concerns ongoing complex litigation and the Irish Court of Appeal's decision allowing an appeal against an Order of the Irish High Court and refusing recognition of the Orders of the Court of Appeal in Warsaw pursuant to Article 45(1)(a) of Regulation (EU) 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (“Brussels Recast”).
The Supreme Court granted leave considering that the issue of whether the assignment of a bare right of action was such a breach of public policy to constitute “a manifest breach of a rule of law regarded as essential in the legal order of the State in which enforcement is sought, or of a right recognised as being fundamental within that legal order” was a matter of general importance that it would consider.
It is anticipated that the full hearing of the matter will come before the Supreme Court in the first half of 2025.
The Appeal is being led by Killian O'Reilly and Neil Cahill assisted by Leanne Kiernan and Rebecca Oliphant in the Fieldfisher Dispute Resolution team.
To read the Supreme Court Determination – Click Here