Execution is the act of completing or carrying into effect a judgment of a court.  Execution may issue at any time within six years from the date of judgment.  To execute after six years, you must apply to the High Court. An action on a judgment is statue barred after 12 years from the date of the judgment.

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 / stay on execution pending payment etc., you must lodge an affidavit of debt to confirm any amounts paid.  If the order provides a timeframe within which an appeal can be lodged, 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: **insert 

 

 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 – this must be dated at least four weeks after service of the Master’s order and enforcement notice
  • If the judgment was obtained outside the Eurozone – a bank certificate converting the amount to Euro as of the date of the judgment in the foreign jurisdiction
  • Copy enforcement notice
  • Order of Fieri Facias **insert form
  • Praecipe Fieri Facias (signed) *insert form

 

Uncontested foreign judgments: European Enforcement Orders Council Regulation (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 **insert and Chapter IV, Article 20 **insert of the regulation.

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 of the regulation can be enforced by making an application to the Master in the same manner as outlined for contested foreign judgments.

 

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

The certification and enforcement of European enforcement orders is governed by Council Regulation (EU) No. 1215/2012.  This creates a European Enforcement Order on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). 

See Chapter III, Article 26 **insert and Chapter III, Article 37.1 of the regulation.

Chapter III, section 2 **insert deals with enforcement.  Irish procedural requirements are set out in Order 42A, rule 23 RSC

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

  • Judgment (or certified copy plus translation if appropriate)
  • European Enforcement Order (original or attested copy plus translation is required)
  • Affidavit of service of the European Enforcement Order with relevant court stamp duty – currently €20.00
  • Order of Fieri Facias
  • Praecipe Fieri Facias (signed)

 

Uncontested foreign judgment – European Order for Payment (EC Regulation 1896/2006)

The creation of a European Orders for Payment procedure and the enforceability of such orders is governed by Council Regulation (EC) No. 1896/2006.  The procedure for enforcement is set out in Article 18 (Enforceability) **insert  and Article 21 (Enforcement) **insert of the regulation.

To enforce a European Order for Payment pursuant to the regulation you must lodge the following documents:

 

Execution on foot of: Order for Possession

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

  • Copy court order stating that the lands/property must be delivered up for possession
  • Affidavit of service **insert form of court order and letter of authorisation **insert form from the plaintiff in the case
  • Affidavit of non-compliance stating that the defendant(s) did not offer up possession of the lands/property as per the court order
  • Letter of authorisation from the plaintiff allowing someone to accept possession on their behalf
  • Order of Possession **insert form
  • Praecipe Order for Possession **insert form (signed)

Affidavit of service and affidavit of non-compliance:  These can be separate documents or may be combined into one document.  The affidavit of non-compliance should be sworn by the person authorised to take possession of the property.

Letter of authorisation: There should be two originals – one to be served on the defendant(s) and one to be lodged with the court office together with the other documentation.  The letter must recite details of the lands/property and folio number(s) as per the court order

 

Execution on foot of: Personal Injuries Assessment Board (PIAB) assessment

The Personal Injuries Assessment Board is an independent statutory body established by the government to reduce the time and expense associated with personal injury claims.  PIAB can award levels of compensation equivalent to those of the courts.  A person (with some exceptions) seeking compensation for a personal injury must make an application to PIAB.

A respondent (person against whom the claim is made) has 21 days following notification from PIAB of its assessment of the monetary award due to the claimant (person making the claim) to accept or reject the amount awarded.  A respondent who fails to acknowledge an assessment is deemed to have accepted it.

If the assessment made by PIAB is accepted by both the claimant and the respondent or, if the respondent fails to acknowledge the assessment, PIAB will issue an Order to Pay.  The order to pay has the same status as an order made in court and the respondent is legally bound the pay the amount awarded.  If the respondent fails to pay, the order to pay is enforceable through the court by way of Order of Fieri Facias.

To enforce a PIAB Assessment you must lodge the following documents:

  • Original PIAB Assessment
  • Original PIAB Order to Pay
  • Affidavit of debt confirming that no monies have been received since the making of the Order to Pay
  • Order of Fieri Facias **insert (PIAB FIFA)
  • Praecipe Fieri Facias **insert (PIAB) (signed)