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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is a UK County Court recognised by an Irish Registered company

Resolved Question:

Is a UK County Court recognised by an Irish Registered company being brought to court by a UK company.
The dispute involves faulty goods provided by the UK company to the Irish company who used the goods in the UK. The goods were later found to be faulty and the Irish company repaired same and deducted costs against the UK company invoices.
The UK company is seeking a ruling against the Irish company in the UK County Court.
Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Sadly yes.
Alex Watts : This is because Ireland is part of the EU and if they get judgment against you they could get a European enforcement order.
Alex Watts : This means it could be transferred to the uk court for enforcement and at that point you could not stop it.
Alex Watts : Therefore you need to defend it now and put in the defence you contest jurisdiction.
Alex Watts : But yes Irish judgments could be enforced in the uk.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, duty I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you.
Customer: Thank you Alex.
Customer: Thank you Alex. We have strong defence and well documented communications with the plaintiff and their solicitor going back many months. To effectively defend it would appear that I must bring several members of my management team who were involved . We will win there can be no doubt but at the cost of flights, hotels and lost business while we are in court.
Customer: Are there any options you can suggest please?
Alex Watts : All you can do is file your defence and go from there.
Alex Watts : i am not familiar with the Irish legal system but you should be able to claim costs back associated with the claim if you win, just as you can in the uk
Customer: Thank you but I'm confused. The Irish legal system is being bypassed here as we are being taken to court in the UK.
Customer: Are you saying that if we win in the UK County Court, we apply to this court for costs and if these costs are awarded and not subsequently paid we must use the Irish legal system to recover same?
Alex Watts : Correct.
Alex Watts : Does that clarify?
Customer: It does indeed. We contacted the relevant County Court and we are NIW aware of the correct procedures.
Customer: Thank you for your assistance Alex.
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