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No good reason established for delay in taking steps to execution on foot of judgment order

By: Ian Fitzharris BL

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High Court, by way of an appeal against Circuit Court's order of refusal to grant leave to issue execution order on foot of judgment obtained by the applicant against the respondent in 2011, dismisses appeal and affirms order refusing to grant the applicant leave, on the grounds that: the applicant's reason for not taking any action to execute the judgment order within the first six years after obtaining judgment was down to a deliberate unilateral decision of the applicant - the costs of taking up a certificate of taxation - and this does not represent a 'good reason' for the delay to date given that the applicable court rules' objective is that there should be some expedition in execution of judgments.

Circuit Court appeal - refusal to grant leave to issue execution order on foot of judgment - judgment in default obtained Jun 2011 - certificate of taxation taken up July 2020 but no step taken to enforce prior to that date - Order 36 rule 9 Circuit Court rules - judgment in default of appearance shall be in full force and effect for twelve years - open question whether issuance of an execution order represents an action brought upon a judgment - test to be applied - question of prejudice - delay caused by unilateral act on behalf of applicant - deliberate decision not to take up certificate of taxation for six years - three broad categories of good reasons for delay - delay caused by indebted party - change in financial circumstances of indebted party - execution deferred pending attempt by parties to reach accommodation - delay in process of having an award of legal costs taxed represents a good reason - objective in rules for expedition in execution of judgments - threshold test not particularly high - appeal dismissed

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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