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Execution (enforcement)

After judgment: execution

Execution information in this section relates to judgment marked in default of appearance, judgment pursuant to order of the Master, judgment in default of defence, judgment pursuant to order of the court, taxed costs, foreign judgments, orders for possession and assessment of the Personal Injury Assessment Board.

Execution on foot of: judgment obtained in court

If you have obtained a court order which specifies a certain amount of damages to be paid, you can enforce the order in the Central Office. You must lodge the following documents:

If the order specifies a payment schedule or stay on execution pending payment, you must lodge an affidavit of debt to confirm any amounts paid. If the order provides a timeframe for an appeal, you must submit a letter stating that no appeal has been lodged.

Execution on foot of: judgment obtained in the Central Office

You can include the following documents in your judgment set:

Execution on foot of: taxed costs

If you have obtained a court order which allows that costs be taxed and ascertained (by the Taxing Master), you can enforce the order when you have acquired a certificate of taxation from the Office of the Taxing Master. You must lodge the following documents:

Execution on foot of: foreign judgments

You can enforce judgments obtained anywhere in the European Union (‘foreign judgments’) in Ireland. The method of enforcement depends on the nature of the judgment.

You should note the following:

  • The judgment should be certified by the courts of the relevant EU country
  • It is a matter for the court of that country to decide which form of certificate is appropriate
  • If the certificate issued is a Brussels I Certificate (44/2001), you must make an ex-parte application to the Master of the High Court before any execution can take place in Ireland (Order 42A, RSC)
  • If the certificate issued is an EEO Certificate (805/2004) or a Brussels I ‘recast’ Certificate, the Central Office can issue execution directly once the required papers are lodged

Contested foreign judgments

These can be enforced by way of an ex-parte application to the Master. After you have obtained an order from the Master, you must lodge the following documents:

  • Copy Master’s order
  • Affidavit of service confirming that the Master’s order and enforcement notice were served on the defendant(s) – allow four weeks from the date of service before lodging the documents
  • Letter from solicitor confirming that no appeal has been lodged (dated at least four weeks after service)
  • If the judgment was obtained outside the Eurozone – a bank certificate converting the amount to Euro as of the date of the judgment
  • Copy enforcement notice
  • Order of Fieri Facias
  • Praecipe Fieri Facias (signed)

Uncontested foreign judgments: European Enforcement Orders (EC No. 805/2004)

The certification and enforcement of European enforcement orders is governed by Council Regulation (EC) No. 805/2004. This creates a European Enforcement Order for Uncontested Claims – the procedure is set out in Part 74, section V of the regulation. See also Chapter II, Article 5 and Chapter IV, Article 20.

To enforce a judgment pursuant to the regulation you must lodge the following documents:

  • European Enforcement Order Certificate (EEO Certificate)
  • Order of Fieri Facias
  • Praecipe Fieri Facias (signed)

A claim that does not meet the requirements can be enforced by making an application to the Master as outlined for contested foreign judgments.

Contested/uncontested foreign judgments: European Enforcement Orders (EU No. 1215/2012)

This regulation governs jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).

See Chapter III, Article 26 and Chapter III, Article 37.1. Irish procedural requirements are set out in Order 42A, rule 23 RSC.

To enforce a judgment you must lodge:

  • Judgment (or certified copy plus translation if appropriate)
  • European Enforcement Order (original or attested copy plus translation)
  • Affidavit of service with relevant court stamp duty (€20)
  • Order of Fieri Facias
  • Praecipe Fieri Facias (signed)

Uncontested foreign judgment: European Order for Payment (EC No. 1896/2006)

The creation and enforceability of European Orders for Payment is governed by Council Regulation (EC) No. 1896/2006. Enforcement procedure is set out in Article 18 (Enforceability) and Article 21 (Enforcement).

To enforce, you must lodge:

  • A copy of the European Order for Payment (declared enforceable by the court of origin)
  • A certified translation (if appropriate)
  • A copy of the Declaration of Enforceability (Form G)
  • A certified translation of the Declaration (if appropriate)
  • Order of Fieri Facias
  • Praecipe Fieri Facias (signed)

Execution on foot of: order for possession

Where a court has ordered that lands or property must be delivered up, an application to enforce can be made in the Central Office. You must lodge:

Affidavit of service and affidavit of non-compliance can be separate or combined. The affidavit of non-compliance should be sworn by the authorised person. Two originals of the letter of authorisation are required: one for service on the defendant(s) and one to lodge with the court office.

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