The Gazette 1995

GAZETTE

I E

L A W B

MWH AUGUST/SEPTEMBER 1995

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Who is Suing Whom?

by Dr Eamon G Hall

Ireland. Yet at the same time, proceedings could be instituted in

recovery of maintenance payments. See generally, Peter Byrne, the European Union and Lugano Conventions on Jurisdiction and Enforcement of Judgments, Baikonur (1994).

Introduction

Germany under the Convention against the exact same English company for similar faulty goods. Again, there would only be a record of those proceedings in Germany. There is at present no record of either set of proceedings which would appear in any search or check undertaken by anyone in England against the English company. Under the proposed scheme, the key information contained in the Irish and German files would be transferred onto a centralised database for on-line access for interested parties.

The word "Convention" (with a capital "C") perplexes many lawyers and, perhaps, some judges. The Brussels Convention, the Lugano Convention and the Rome Convention trip off the tongues of some of our learned brothers and sisters. The time was when generations of lawyers could complete their entire legal studies (including a university degree) without hearing the word "Convention" ever mentioned. Those days are gone. Whilst not pretending in any sense to be an expert in these matters, it is appropriate to mention what is understood by some of the above Conventions. The Brussels Convention is generally understood as meaning the EC Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (1986) which was given effect to in Ireland by the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988. A foreign judgment is enforceable in Ireland if it has been rendered by a court of competent jurisdiction. The 1988 Act has been amended to take account of the assession of Spain and Portugal (the 1989 Assession Convention) and also to bring the 1986 EC Brussels Convention into line with the Lugano Convention which governs the Enforcement of Judgments between EC and EFTA (European Free Trade Association) member states. This was given effect in Ireland by the Jurisdiction of Courts and Enforcement of Judgments Act, 1993. The Brussels Convention has also been supplemented by the 1990 Rome Convention. The Rome Convention, made between Member States of the European Communities, relates to the simplification of procedures for the

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The Data

The data stored about each Convention case would be submitted and made available in a standard tabular form, set out as follows:

Twinkle Egan,

Barrister-at-Law

Centralised European Union Convention Cause Book and Judgment Registry Database

What does all the above lead to in the context of who is suing whom? Ms. Twinkle Egan, barrister-at-law, King's Inn, Middle Temple and New York State, has proposed an imaginative and constructive scheme for a Centralised European Union Convention Cause Book and Judgment Registry Database. Ms. Egan is the owner of the intellectual property rights in the scheme, she has assigned her European interest therein on behalf of "the many varied and different peoples who live on the island known as Ireland" to the European Union subject to and in consideration of the European Union providing the full capital funding for the setting up of the scheme in Ireland.

1. Country of Origin

2 Name of Plaintiff

3. Date of Issue 4. Record No. 5. Domicile of Defendant 6. Name and Full Address of Defendant 7. Classification of Subject Matter Under the Convention Tick appropriate box

A. B. C. D.

What is Involved?

If proceedings are instituted in Ireland under the Brussels Convention against, for example, an English company for damages caused by faulty goods, there is only a record of those proceedings in

8. Breach of International

Standard Number if applicable S.I. No. etc.

225