Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711

1. Introduction

This third judgment of Cregan J in the protracted litigation between the Board of Management of Wilson’s Hospital School and Enoch Burke addresses a relatively narrow, but legally significant, procedural question: to what extent can, or should, a High Court judge amend a written judgment at the request of a party who alleges “factual errors” and “character assassination” in the court’s language?

The decision arises from a letter and oral submissions by Mr Burke seeking the deletion of paragraphs 158 and 160 of an earlier judgment delivered on 18 November 2025, and the insertion of additional evidential material. The disputed passages contain particularly strong judicial characterisations of Mr Burke’s behaviour, including the description of his presence at the school as “baleful and malign” and an assessment that he is a “potential danger” to pupils and teachers.

Against the backdrop of ongoing civil contempt proceedings, Mr Burke’s continued trespass on school property, and a wider public narrative presenting his imprisonment as punishment for his religious opposition to transgender rights, this judgment performs three core functions:

It restates and applies the legal principles governing post‑judgment corrections of alleged factual errors, relying centrally on Nash v DPP [2017] IESC 51.
It robustly defends the accuracy and appropriateness of the court’s earlier evaluative language, distinguishing “factual error” from judicial characterisation and lexical choice.
It reiterates fundamental principles of contempt of court and the rule of law, emphatically rejecting the claim that Mr Burke is imprisoned for his religious or political views rather than for disobedience of court orders.

The judgment is therefore important not only for the immediate parties but also for its broader guidance on:

the limits of a judge’s power to alter a judgment post‑delivery;
the dividing line between correctable factual error and unalterable judicial evaluation;
the treatment of litigants in persistent contempt of court; and
the court’s response to extra‑judicial mischaracterisation of its orders.

2. Factual and Procedural Background

The underlying dispute, extensively litigated in earlier proceedings, concerns Mr Burke’s employment as a teacher at Wilson’s Hospital School, his suspension and dismissal for gross misconduct, and his refusal to comply with directions of the school and orders of the High Court. The Court of Appeal (Whelan J in Board of Management of Wilson’s Hospital School v Burke [2023] IECA 52) had already characterised his conduct as highly confrontational and verbally aggressive.

Key contextual features, drawn from this and earlier judgments, include:

An ongoing dispute concerning directions by the school principal in relation to a transgender pupil and the use of pronouns, viewed by Mr Burke as incompatible with his religious beliefs.
Mr Burke’s suspension and subsequent dismissal for gross misconduct, including behaviour at a religious service and subsequent interactions with school authorities.
High Court orders restraining Mr Burke from trespassing on school premises, and his repeated, deliberate breaches of these orders by attending on campus daily despite suspension and dismissal.
His committal to prison for civil contempt (for disobeying court orders), with periodic releases, and repeated returns to trespass once released.
A pending appeal to a Disciplinary Appeal Panel regarding the lawfulness of his dismissal, which will determine whether he has any ongoing contractual right to attend at the school.

Within this context, Cregan J had previously delivered a lengthy judgment addressing the school’s application concerning trespass and contempt. That judgment contained trenchant criticism of Mr Burke’s conduct and language, and described his presence on school grounds in stark terms. It is those passages that Mr Burke now seeks to have removed or qualified.

3. Summary of the Judgment

The judgment of 9 December 2025 deals exclusively with Mr Burke’s application to correct alleged factual errors and to insert additional affidavit material. Its main conclusions are:

The court will entertain the application despite ongoing contempt. Although Mr Burke has persistently breached court orders, the judge decides – with some reluctance – to consider the merits of his application, noting that it would be tempting simply to refuse to hear him at all.
Legal basis for corrections: reliance on Nash v DPP. Cregan J cites Clarke J in Nash to confirm that a judge may correct factual errors in a judgment, but only where the error is of some materiality to the case or to a person’s legitimate interests. The jurisdiction is real but limited.
No factual errors identified in paragraph 158. The court rejects Mr Burke’s challenge to the descriptors “baleful”, “malign”, “roaming” and “stalking”:
- Using the full Oxford English Dictionary (OED), the judge demonstrates that “baleful” and “malign” encompass meanings such as “injurious”, “hurtful”, “malignant” and “characterised by ill will”, all of which he considers objectively applicable to Mr Burke’s trespassing behaviour.
- “Roaming” is justified as a description of an unauthorised person wandering through school corridors “wherever and whenever he wishes against the wishes of the school”.
- “Stalking” is defended as a figurative, non‑statutory use of a word long predating the 2023 stalking offence, used to capture a persistent, anxiety‑inducing presence; it is not a finding of criminal guilt.
No factual error in paragraph 160 regarding “potential danger”. Mr Burke argues that no pupil or teacher swore an affidavit and therefore the statement that he is a “potential danger” to pupils and teachers “as indicated in their affidavits” is false. The judge responds that:
- The chairman of the board of management, Mr Wood, averred that if Mr Burke were to do something on school premises creating a health and safety risk, the school could be liable for failing to remove him.
- This evidential basis justifies describing Mr Burke as a “potential danger”.
- It is sufficient, and appropriate, that affidavits are sworn by the principal and chairman on behalf of the school; there is no requirement for separate affidavits from each teacher or pupil.
No insertion of additional affidavit evidence. The judge declines to insert into the judgment a paragraph from the principal’s affidavit noting that Mr Burke has not engaged in physical violence, remarking that a teacher does not earn credit merely for the absence of physical assault.
Rejection of allegations of character assassination and abuse of power. Cregan J defends his earlier language as a fair description of Mr Burke’s conduct (listing numerous instances of disrespect, deception and disobedience) and dismisses the allegation of abuse of judicial power as “ridiculous”.
Re‑statement of the law and practice on contempt. The court reiterates that:
- Mr Burke is in prison solely for contempt – his refusal to obey a court order not to trespass – and not because of his religious views or opposition to transgenderism.
- He can be released at any time by “purging his contempt”; that is, by giving an undertaking not to trespass on school property.
- He is not required to change his beliefs, cease protesting outside the school, or use particular pronouns as a condition of release.
Critique of Mr Burke’s public narrative as an “assault on truth”. The judge condemns Mr Burke’s repeated public assertions that he is imprisoned for his opposition to transgender rights as deliberate lies and an “assault on truth”, likening his stance to “Alice in Wonderland” language where words mean what he says they mean.
Finding of abuse of process. The judgment concludes that Mr Burke and members of his family are using the courts to pursue a political campaign against transgenderism, engaging in disruption and verbal abuse at hearings, and thereby abusing the court’s process.
Outcome. The court is “satisfied that there are no factual errors” and that the terms used are “entirely appropriate” to describe Mr Burke’s conduct. The application is refused.

4. Precedents and Earlier Decisions Cited

4.1 Nash v Director of Public Prosecutions [2017] IESC 51

The central legal authority relied on is the Supreme Court decision in Nash v DPP. In that case, Clarke J (as he then was) examined the circumstances in which a court may correct or revisit its own judgment. While Nash concerned the Supreme Court and the exceptional re‑opening of an appeal, it articulated general principles about:

the finality of judgments;
the court’s limited jurisdiction to correct factual errors post‑judgment;
the need for any such error to be of “some materiality” to the case or to the legitimate interests of persons described in the judgment.

The passage quoted by Cregan J (para 2.4 of Clarke J’s judgment) emphasises that while judges should correct genuine factual errors, this power must be exercised sparingly:

“If there truly are errors of fact in a judgment then a judge should, of course, be willing to correct them so that the record can be set straight. However it does need to be said that this undoubted jurisdiction should only be exercised where the error is of some materiality, either to the case, or to the legitimate interest of any person who may either be a party to the case or whose actions may be described in the judgment.”

In the present case, the Supreme Court’s guidance provides the legal framework for assessing Mr Burke’s complaint. Cregan J accepts that he has jurisdiction to correct errors but finds, as a preliminary matter, that none of the impugned statements are factual errors at all; they are either:

evaluative characterisations grounded in evidence; or
statements that, when properly understood, are supported by the affidavits on record.

Nash therefore serves to legitimise the exercise of jurisdiction, but simultaneously constrains its use by requiring a misstatement of fact of sufficient materiality. The judgment in Burke (No. 3) effectively applies Nash in a “gateway” fashion: once the judge concludes there is no factual error, the Nash jurisdiction simply does not engage.

4.2 Board of Management of Wilson’s Hospital School v Enoch Burke [2023] IECA 52

The Court of Appeal decision by Whelan J is not a direct precedent on post‑judgment corrections, but is cited as substantive evidence regarding Mr Burke’s conduct and demeanour. Cregan J reproduces, in particular, the following observations:

“A particular feature of Mr. Burke’s approach is the degree of verbal aggression and disrespect exhibited in his engagement particularly towards the school Principal…. His demeanour and unorthodox behaviour were very much evident in the course of the presentation of his appeal before this court. He granted himself free rein to speak disparagingly about and deploy language calculated to traduce and demean those with whose conduct or decisions he did not agree… By the standards of civilised behaviour his conduct was simply outrageous.” (para 22)

“By any objective measure his conduct was highly confrontational and calculated to cause maximum embarrassment and stress to the school Principal and to undermine her publicly and openly…” (para 25)

These appellate findings are important for two reasons:

They corroborate Cregan J’s own assessment of Mr Burke’s “verbal aggression, unregulated anger and lack of self‑control”, thereby underlining that his descriptions are not idiosyncratic but consistent with higher court evaluation.
They support the conclusion that Mr Burke’s presence at the school, coupled with his confrontational style, justifies viewing him as a “potential danger” even absent physical violence.

Thus the Court of Appeal decision functions as both evidential support for the High Court’s characterisations and as a shield against allegations that the language used is baseless or malicious.

5. Legal Analysis and Reasoning

5.1 The Threshold for Post‑Judgment Corrections

The judgment clarifies the boundaries of the High Court’s power to alter a written judgment after delivery. Two key distinctions emerge:

Correcting “errors of fact” versus revisiting judicial evaluation. The jurisdiction recognised in Nash applies to factual misstatements – for example, naming the wrong party, misdescribing a date, or erroneously attributing an act to a person – where correction is necessary to avoid material unfairness.
Appeal versus correction. A party who disagrees with the judge’s evaluative conclusions – such as findings of credibility, assessments of danger, or choice of adjectives – must ordinarily seek redress on appeal. It is not the function of a correction application to relitigate the weight of the evidence or to moderate the tone of a judgment.

Cregan J repeatedly stresses that his descriptors (“baleful”, “malign”, “roaming”, “stalking”, “potential danger”) are:

linguistically accurate in their ordinary meanings (as shown by the OED);
grounded in the evidence before the court; and
intended as evaluative characterisations, not as findings of specific criminal offences.

Once the judge characterises the impugned phrases as evaluative rather than factually mistaken, the Nash jurisdiction cannot be invoked. In practical terms, this judgment makes clear that:

Requests to “soften” or “sanitize” judicial criticism are unlikely to succeed absent a demonstrable, concrete misstatement of fact.
The threshold for intervention is high: even language that a party finds deeply offensive or damaging to reputation will not be altered if it is a robust but evidence‑based evaluation.

5.2 Should the Court Hear a Party in Contempt?

An interesting preliminary issue, addressed briefly but with wider significance, concerns whether a litigant in persistent contempt is entitled to be heard on an application of this kind.

Cregan J expresses strong disapproval of Mr Burke’s approach – continuing to seek court relief while flagrantly disobeying court orders – and describes this as “entirely unacceptable”. He acknowledges the temptation to refuse to entertain the application outright. Nonetheless, he elects to consider it “given the nature of this application”.

The judgment thus reflects a balance of principles:

Respect for the authority of the court – persons in contempt cannot expect unfettered access to remedies while disobeying orders.
Fairness and the integrity of the record – if a party alleges a genuine factual error of material consequence, it is in the interests of justice that the court at least scrutinise the allegation.

While the application ultimately fails, the decision to consider it illustrates that the courts remain prepared to hear even contemnors where the accuracy of the judicial record is in question. This nuance is important in tempering any suggestion that contempt automatically silences a litigant.

5.3 Judicial Language, Characterisation and Alleged “Errors of Fact”

A core theme of the judgment is the defence of strong judicial language. Mr Burke argued that the use of words like “baleful”, “malign” and “stalking” amounted to factual inaccuracy and character assassination.

The court’s response involves a methodical engagement with language:

Use of authoritative dictionaries. Rather than relying on brief online definitions, Cregan J turns to the multi‑volume OED to show that:
- “Baleful” includes meanings such as “pernicious”, “injurious”, “destructive” and “malignant”.
- “Malign” includes “characterised by ill will”, “malignant” and “malevolent”, and, as a noun or adjective, overlaps with “baleful”.
- “Stalking” has long been used figuratively of “quasi‑personified maleficent agencies”, such as “pestilence” or “famine”.
Application to the facts. The judge then links these meanings to Mr Burke’s conduct: his continued, deliberate trespass, against explicit wishes of the school; the anxiety and disruption caused; his ill will towards the institution following dismissal; and the harm to pupils’ welfare and the school’s functioning.
Clarification of non‑statutory usage. In particular, regarding “stalking”, the judge notes that the term has a broad ordinary meaning in English and that his usage is figurative:
- It is not a finding that Mr Burke has committed the statutory offence of stalking under the Criminal Justice (Miscellaneous Provisions) Act 2023.
- It is used to describe a persistent, unwanted presence that causes anxiety and apprehension.

Legally, this analysis underscores that:

Judicial characterisations, even if trenchant, are part of the court’s evaluative function and are not easily re‑opened as “errors of fact”.
Where a judge grounds such language in evidence and recognised meanings, it becomes very difficult for a party to argue that the judgment contains factual inaccuracies.
The mere existence of a statutory offence using a particular word does not mean that any judicial use of that word implies a criminal finding.

For future litigants, this reinforces that post‑judgment applications are not a vehicle for re‑arguing tone, style or rhetorical strength of judicial writing.

5.4 “Potential Danger” and the Evidential Base

Mr Burke’s second main complaint focused on the statement that his level of verbal aggression and lack of self‑control, “combined with his deliberate strategy of confrontation, make him a potential danger to pupils and teachers of the school – as they have indicated in their affidavits”.

His argument had two strands:

No pupil or teacher had sworn an affidavit in the proceedings.
Therefore the phrase “as they have indicated in their affidavits” must be factually wrong.

The court responds by:

Pointing to Mr Wood’s affidavit as chairman of the board, which highlights the risk of health and safety issues arising from Mr Burke’s presence and the school’s potential liability if it fails to remove him.
Emphasising that the principal and chairman can properly speak on behalf of the school community; there is no necessity for each teacher or pupil to swear a separate affidavit.
Characterising the phrase “potential danger” as a reasonable inference from the combination of:
- Mr Burke’s documented verbal aggression and confrontational conduct (as recognised by the Court of Appeal); and
- The duty of care owed by the school to pupils and staff.

Analysts should note here the distinction between:

A misquotation or misattribution (which could be a factual error); and
A judge’s reasonable inference or prediction (“potential danger”) drawn from available evidence (which remains evaluative).

The judgment frames Mr Burke’s objection as an overly literal attempt to equate “pupils and teachers” only with individuals who have sworn affidavits, rather than with the school community represented by its officials. On that view, again, there is no “error of fact” to correct.

5.5 Contempt of Court and the “Keys to His Own Prison”

A substantial portion of the judgment reiterates core principles of civil contempt and the rule of law:

Nature of Mr Burke’s imprisonment. The court is explicit: Mr Burke is in prison because he refuses to obey a court order not to trespass on school property, not because of his religious beliefs or his opposition to transgenderism. This is a critical distinction:
- The validity of the underlying order was upheld on appeal and is not at issue here.
- Even if Mr Burke sincerely believes the order unjust, the rule of law requires compliance until it is set aside.
Purging contempt – “the keys to his own prison”. The judge explains, in accessible terms, that Mr Burke can secure his release at any time by:
- giving an undertaking not to trespass on the school’s property;
- without any requirement to change his beliefs, accept transgenderism, or cease protest outside the school gates.
Thus, his detention is coercive and conditional, not punitive in the conventional criminal sense.
Limits of what can be required of a contemnor. Cregan J is careful to note what the court does not demand:
- Mr Burke need not give any undertaking about pronoun usage or compliance with school policies on gender identity.
- The court does not require renunciation of religious beliefs as a condition of liberty.
This explicit limitation serves both to safeguard constitutional rights and to rebut claims of religious persecution.

The judgment’s careful delineation of the basis for detention and the path to release strengthens the principle that:

enforcement of court orders is a neutral, rule‑of‑law function, distinct from the court’s views on the underlying social, political or religious issues; and
claims that contempt imprisonment masks ideological persecution will be scrutinised and, if necessary, forcefully rejected.

5.6 Abuse of Process and Political Campaigning Through Litigation

In its closing sections, the judgment addresses a broader concern: the instrumentalisation of court proceedings as a platform for political or ideological campaigning.

Cregan J concludes that Mr Burke:

is “not interested in defending this legal case at all” in a conventional sense;
uses hearings to disrupt proceedings, verbally abuse judges and court staff, and undermine the administration of justice;
is pursuing a campaign against transgenderism through the courts rather than in the political or public arena where it properly belongs.

This leads to a finding that his conduct constitutes an “abuse of process”. Doctrinally, “abuse of process” refers to the misuse of the court’s procedures for purposes other than the genuine resolution of disputes – for example, to harass, oppress or gain collateral advantage. Although the judgment does not (in this particular ruling) impose a specific procedural sanction, such as a strike‑out or order restricting access to the courts, the label itself is significant:

It signals that further or future applications may be approached with considerable scepticism.
It provides a basis for more stringent case‑management or restrictions in subsequent proceedings, should they be needed.

5.7 The “Assault on Truth” and Competing Narratives

Another distinctive feature of the judgment is its outspoken condemnation of Mr Burke’s public statements about the reasons for his imprisonment. The judge notes that:

Courts clearly articulate, in formal orders and judgments, why a person is imprisoned.
Mr Burke repeatedly and knowingly tells the public that he is in prison because of his opposition to transgenderism, when in fact it is for contempt of court.
These statements are described as “lies” and part of an “assault on truth”.

This section serves several functions:

It seeks to reclaim control over the authoritative narrative of the case, countering social media and public commentary that misrepresent the legal basis of imprisonment.
It reinforces the court’s institutional role as the guardian of factual truth in dispute resolution, highlighting the importance of honesty in affidavits and submissions.
It warns that deliberate mischaracterisation of court orders and judgments will not be treated as harmless rhetoric, but as an attack on the integrity of the legal system.

While not creating new legal doctrine, this forthright and moral language may influence how future courts respond when litigants publicly misstate the effect of orders or reasons for decisions.

5.8 The Rule of Law and Constitutional Rights

The judgment explicitly acknowledges the complex constitutional issues underlying the broader dispute – including freedom of religion and freedom of expression concerning transgender issues – but carefully separates those matters from the immediate question of contempt and trespass.

Cregan J notes:

There may be serious, reasoned arguments on both sides of the debate about compelled pronoun usage in schools.
Courts exist precisely to adjudicate such clashes of rights through lawful processes, not through defiance or violence.
The “Rule of Law” requires that court orders be obeyed by everyone, regardless of the perceived correctness of those orders or the intensity of one’s beliefs.

The judgment expressly situates the rule of law within a constitutional and historical framework – referencing Magna Carta, the Bill of Rights, Irish independence and the 1937 Constitution – to stress that:

Obedience to court orders is a foundational element of Irish democratic self‑government.
Allowing individuals to unilaterally disregard orders on the basis of personal conviction would erode that foundation.

This contextualisation serves as a reminder that:

The proper forum for contesting orders is through appeals and legal argument, not through non‑compliance; and
The protection of rights depends on a functioning, authoritative court system whose decisions are respected even by those who disagree with them.

6. Complex Concepts Simplified

Error of fact vs judicial evaluation

An error of fact is a concrete mistake about something that happened or exists (for example, saying that Person A signed a contract when it was actually Person B). Courts can usually correct such errors. By contrast, a judge’s evaluation – such as calling conduct “dangerous” or “aggressive” – is an opinion based on evidence. If a party disagrees with that opinion, the remedy is generally an appeal, not a correction application.

Post‑judgment correction jurisdiction

After a judgment is delivered, a court retains a limited power to correct mistakes. This includes obvious slips (wrong dates, wrong names) and, as recognised in Nash v DPP, sometimes other factual errors that are materially important. It does not allow a party to re‑argue the case or ask the judge to change their mind on contested issues.

Purging contempt

In civil contempt, a person is usually imprisoned not for a past wrong alone, but to pressure them into obeying a court order. To purge contempt means to stop disobeying and to give sufficient assurances (often through a solemn promise, called an undertaking) that the court order will be obeyed in future. Once contempt is purged, the justification for continued imprisonment disappears.

Undertaking to the court

An undertaking is a formal promise made to the court, personally binding the person who gives it. Breaking an undertaking can amount to contempt just as much as disobeying a court order. In this case, the court is willing to release Mr Burke if he undertakes not to trespass on the school property.

Abuse of process

“Abuse of process” occurs when someone uses the court’s procedures for a purpose very different from resolving a genuine legal dispute – for example, to harass another party, to gain publicity, or to pursue a political campaign. Courts have an inherent power to prevent or limit such misuse.

Rule of law

The rule of law is the principle that everyone, including the State and all individuals, is subject to and protected by the law. It requires that:

laws are applied equally;
courts are independent and impartial; and
court orders are obeyed unless and until they are lawfully overturned.

Without general obedience to court orders, legal rights become unenforceable in practice.

Civil trespass

Trespass to land occurs when a person enters or remains on property without legal right or the owner’s consent. In this case, once Mr Burke was suspended and then dismissed (subject to appeal), his continued presence on the school premises, against the school’s wishes and in breach of court orders, constitutes trespass.

“Stalking”: statutory vs ordinary meaning

In everyday English, “stalking” can mean persistently following or hovering around someone or something in a way that causes unease or fear. The Criminal Justice (Miscellaneous Provisions) Act 2023 created a specific offence of stalking, with its own legal definition and elements. The fact that the same word is used in a statute does not mean that every use of the word implies that the statutory crime has been committed. In this judgment, the term is used in its ordinary, figurative sense, not as a criminal finding.

Affidavit evidence

An affidavit is a written statement of facts, sworn on oath or affirmation. It forms part of the evidence before the court, especially in motion proceedings. Individuals who can speak on behalf of an organisation (such as a school principal or board chair) may give affidavit evidence that effectively represents the position of the wider community they serve.

7. Likely Impact of the Decision

7.1 Future Applications to Amend Judgments

This judgment sends a clear signal that applications to remove or dilute strong judicial criticism from written decisions will face an extremely high bar. The key implications are:

The court will distinguish sharply between factual inaccuracies (which can be corrected) and evaluative language (which ordinarily will not).
Even highly pejorative language, if grounded in evidence and supported by authoritative dictionary meanings, is unlikely to be treated as a correctable “error of fact”.
Parties concerned about reputational impact must generally look to the appellate courts, not expect the trial judge to retract criticism post‑hoc.

In practice, this may deter tactical efforts by litigants – especially those engaged in public campaigns – to reframe or sanitise judicial narratives via correction motions.

7.2 Judicial Writing and Robust Language

Cregan J not only stands over his earlier language but reinforces it, adding detailed explanations and further criticism. Coupled with the supporting extracts from Whelan J in the Court of Appeal, this suggests that Irish courts remain prepared to:

use strong, even excoriating, language to describe litigants’ conduct when justified by evidence;
view such language as part of their duty to give a candid account of what occurred, rather than as a dispensable flourish; and
resist attempts to characterise robust criticism as “abuse of power” or “character assassination”.

Judges may nonetheless take from this decision the importance of:

carefully linking strong descriptors to specific evidence; and
clarifying when potentially loaded terms (like “stalking”) are used in a non‑criminal, ordinary‑language sense.

7.3 Contempt Enforcement in Rights‑Sensitive Contexts

The case is embedded in a contentious social and constitutional context, involving religious objections to aspects of transgender recognition. The judgment’s approach – separating contempt for trespass from the underlying ideological issues – will likely be influential where:

litigants seek to present themselves as martyrs for a cause rather than as contemnors; or
public discourse blurs the distinction between punishment for beliefs and enforcement of court orders.

Future courts may cite this decision when:

emphasising that constitutional or human‑rights issues can and will be litigated, but only within the framework of obedience to existing orders;
rejecting arguments that persistent contempt is legitimised by conscience or religious conviction.

7.4 Managing Public Narratives About Litigation

Finally, the judgment illustrates a more assertive judicial stance in confronting what the court views as deliberate misinformation about its own orders. By explicitly labelling certain public statements by Mr Burke as “lies”, the court:

seeks to protect the integrity of the judicial process in an era of social media amplification;
signals that courts will not remain silent when their decisions are systematically misrepresented; and
may encourage future judges to address head‑on, within judgments, competing public narratives about controversial cases.

8. Conclusion

The Board of Management of Wilson’s Hospital School v Burke (No. 3) [2025] IEHC 711 is not, in itself, about pronouns, gender identity or employment law. Its significance lies elsewhere: in its robust defence of the accuracy and legitimacy of judicial characterisation, in its clear articulation of the narrow scope of post‑judgment factual corrections, and in its forthright reassertion of the rule of law in the face of persistent contempt and competing public narratives.

The judgment confirms that:

The High Court’s power to correct judgments is confined to genuine, material errors of fact, not to differences over evaluative language or tone.
Judges are entitled, and sometimes obliged, to describe litigants’ conduct candidly, including in strong and critical terms, provided those descriptions are evidence‑based.
Civil contempt remains a crucial tool for enforcing court orders, and contemnors “hold the keys to their own prison” by choosing whether to obey those orders.
Constitutional rights and deeply held beliefs do not excuse disobedience of valid orders; the proper channel for challenging such orders is through the courts, not through unilateral defiance.
Courts may directly counteract misrepresentations of their decisions, especially where such misrepresentations threaten public understanding of the justice system.

In the broader legal landscape, this decision will likely be cited as a reference point for:

the standards and limits governing applications to amend judgments on grounds of alleged factual error;
the approach to contemnors who continue to engage with the court while defying its orders; and
the articulation of the rule of law in polarised, rights‑sensitive disputes.

Ultimately, the judgment underscores that personal conviction, however sincerely held, does not license the rejection of lawful authority; and that the integrity of the judicial record, once carefully made, will not be lightly rewritten.