Brompton Gwyn-Jones v McDonald 2021 IECA 206 - 23 July 2021
In the Matter of an Application Pursuant to Articles 45, 46 and 51 of Regulation No. 1215/2012 and Pursuant to Order 42A of the Rules of the Superior Courts (Jurisdiction, Recognition and Enforcement of Judgments) 2017
In the Matter of a Judgment of the Sofia City Court, Republic of Bulgaria
The appellant advances three grounds in support of his application for orders refusing recognition and/or enforcement of a judgment of the Sofia City Court, Republic of Bulgaria. First, he says that the proceedings on foot of which that judgment was obtained were never properly served upon him, and that he therefore was not aware of the action when the Bulgarian court decided to make the order in question. Second, he contends that enforcement of the judgment would be contrary to public policy because, he says, the claim underlying the judgment is so inter-connected with a fraud perpetrated upon him by the respondent that the courts of this jurisdiction should not give effect to it. Third, he asserts that the claims giving rise to the Bulgarian proceedings are the subject of an arbitration before the ICC Court of Arbitration (‘ICC’) and that this affords a separate basis in law for not recognising or enforcing the judgment. Each of these contentions was rejected by Meenan J. ( IEHC 240).