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M v M (Approved)

Smart Summary

Factual and Procedural Background

This Supreme Court appeal concerned the courts’ jurisdiction to restrict a serial or vexatious litigant from initiating further proceedings (commonly via an “Isaac Wunder” order), specifically in family law proceedings involving child access and maintenance.

The Appellant and Respondent were formerly in an intimate relationship and have one minor child. They have been engaged in access and maintenance proceedings since 2012. In December 2015 the District Court varied an access order. The Respondent appealed to the Circuit Court, which—after more than forty listings—made a final determination on access and maintenance in May 2022, including specific access arrangements and maintenance-related orders.

The Circuit Court attributed increased litigation costs to the Appellant’s unmeritorious conduct (including persistent breaches and repeated applications) and ordered the Appellant to pay 50% of the Respondent’s costs. During costs submissions, counsel for the Appellant suggested repeated litigation could instead be addressed through an Isaac Wunder order. The Circuit Court made such an order of its own motion, restricting the Appellant from taking further proceedings against the Respondent in the District Court, Circuit Court, or any other court without leave of the Circuit Court.

In August 2022, the Appellant obtained ex parte leave from the High Court to seek judicial review, including an order of certiorari to quash the Circuit Court order of May 2022. The Respondent moved to set aside that leave, contending (among other matters) material factual incorrectness and breach of the Isaac Wunder order.

In March 2023, the High Court (Judge Simons) held that the Circuit Court could not require its leave before judicial review in the High Court (as this would frustrate the High Court’s supervisory jurisdiction). The High Court also set aside the grant of leave due to material non-disclosure and misleading characterisation of the Circuit Court proceedings.

In February 2024, the Court of Appeal upheld the setting aside of leave for material misstatements/non-disclosure, but held that the non-disclosure was not material to a challenge to the Isaac Wunder order and varied the order accordingly. In June 2024, the Court of Appeal, with the parties’ agreement, quashed the Circuit Court’s Isaac Wunder order and entertained a fresh application, ultimately making an Isaac Wunder order restraining the Appellant from instituting proceedings against the Respondent (including appeals) in the District Court, Circuit Court, High Court, or Court of Appeal without prior leave of the President of the relevant court or a nominated judge.

In October 2024, the Appellant obtained leave to appeal to the Supreme Court. The Attorney General was joined as a notice party due to the broader importance of the issues. In January 2026, Judge Dunne delivered the Supreme Court judgment.

Legal Issues Presented

  1. Is a court dealing with child access and/or maintenance applications entitled to make an Isaac Wunder order against a party?
  2. If so, what is the basis on which such an order may be made?
  3. Did the Court of Appeal err in making the Isaac Wunder order in this case?
  4. What powers may a court generally exercise when faced with a serial litigant or someone who repeatedly prolongs/disrupts proceedings, including by misrepresenting what occurred in court previously?

Arguments of the Parties

Appellant’s Arguments

  • Isaac Wunder orders in child access/maintenance proceedings risk disregarding the distinctive nature of family disputes, which often require ongoing court involvement.
  • Any restraint must respect the child’s best interests (Article 42A), the constitutional right of access to the courts (Article 40.3), and Convention rights (Article 6 fair trial; Article 8 private and family life), and should include strict safeguards.
  • The preliminary leave requirement may cause time, expense, and delay that could impair timely access decisions and risk loss of contact through passage of time.
  • Ireland’s approach was said to lack the structured proportionality and oversight found in other jurisdictions (notably the UK’s graduated civil restraint orders), making Irish orders potentially overbroad, indefinite, and insufficiently reviewable.
  • The Court of Appeal allegedly failed to consider less intrusive alternatives and to give adequate reasons for a blanket and indefinite order; a time-limited or issue-specific order was argued to be more proportionate.
  • More generally, restrictions on litigation should comply with proportionality and legal certainty, and should be tailored to the specific disruptive conduct.

Respondent’s Arguments

  • A court may, via inherent jurisdiction/powers, make an Isaac Wunder order in exceptional circumstances to protect a custodial parent and child from oppressive, protracted litigation, especially given the accessibility of family court applications and legal aid.
  • The order does not abrogate access to the courts; it operates as a proportionate “filtering mechanism” to protect against significant (often unrecoverable) costs and harassment.
  • ECtHR authority recognises domestic courts’ ability to control abuse of process; the Appellant’s ECtHR cases were distinguished as concerning procedural unfairness in access determinations rather than restraint orders.
  • If Article 8 is engaged, the interference was said to be legitimate, necessary, and proportionate, because leave can be obtained quickly where further proceedings are genuinely required.
  • UK authority was cited to show civil restraint orders may be used exceptionally even in child proceedings; and prolonged litigation may itself harm the child’s welfare and the custodial parent’s financial stability.
  • The Court of Appeal order was justified on the exceptional facts and was said to be necessary to prevent abuse and protect the Respondent and child.

Attorney General’s Submissions

  • The Isaac Wunder order is one tool within the courts’ inherent powers to protect both (i) private interests (shielding parties from harassment/expense) and (ii) the public interest (protecting court resources and process).
  • There is no principled reason restraint orders cannot apply in family law, but they should be used sparingly and in a child-centred manner given additional constitutional considerations.
  • Irish law provides multiple tools for serial litigants (strike-out, dismissal for conduct, party-specific restraint orders, security for costs, contempt), but any limitation must satisfy proportionality and preserve the essence of access to court.
  • Domestic authorities were cited showing restraint orders (including in child-related proceedings) are sometimes constitutionally permissible, depending on the facts.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Wunder v. Irish Hospitals Trust (1940) Ltd (Unreported, Supreme Court, 15 January 1968) Origin of the “Isaac Wunder” order restraining further proceedings without leave where litigation is frivolous/vexatious. Explained the historical foundation and nature of the restraint (leave requirement; proceedings without leave treated as void in that case’s formulation).
Riordan v. An Taoiseach (No 4) [2001] IESC 83, [2001] 3 I.R. 365 Affirmed broad inherent jurisdiction to restrain repeated reopening/groundless litigation; protection from “unnecessary harassment and expense.” Treated as key Irish authority confirming jurisdiction to make Isaac Wunder orders and framing the protective rationale.
Adams v. Director of Public Prosecutions [2001] IESC 27, [2001] 2 I.L.R.M. 401 Principles on setting aside ex parte leave where there is material non-disclosure. Referenced in recounting why judicial review leave was set aside at High Court level.
Ryan v. Governor v. Mountjoy Prison [2020] IESC 8, [2021] I.R. 590 Material non-disclosure principles in ex parte contexts. Referenced as part of the legal basis for setting aside judicial review leave.
Burke v. Judge Fulham [2010] IEHC 448 Non-exhaustive factors relevant to making an Isaac Wunder order (re-litigation, hopeless claims, improper purpose, rolling forward issues, history, unpaid costs, persistent unsuccessful appeals). Approved as a flexible set of factors; used by the Court of Appeal and discussed by the Supreme Court in assessing proportionality/necessity.
Scanlan v. Gilligan [2021] IEHC 825 An Isaac Wunder order may apply even if the person was not the original instituting party but becomes the de facto moving party by prolonging litigation. Supported the view that conduct prolonging litigation can justify restraint.
Leslie Fitzsimons v. Bank of Scotland [2019] IECA 336 Isaac Wunder orders as a “proportionate filtering mechanism,” not an abrogation of access to court. Cited to characterise the nature of restraint orders as compatible with access-to-courts rights.
Tolstoy Miloslavsky v. the United Kingdom (App. No.18139/91) (1995) 20 E.H.R.R. 442 Access to court can be limited if essence preserved; must pursue legitimate aim and be proportionate. Used to frame proportionality analysis for restrictions on court access (also relied upon by Respondent and Attorney General).
A.D. and O.D. v. the United Kingdom (App. No. 28680/06, 16 June 2010) Stricter scrutiny for further limitations on parental access; interaction of Articles 6 and 8. Distinguished as concerning parental access restrictions and procedural safeguards, not civil restraint orders.
T.P. and K.M. v. the United Kingdom (App. No. 28945/95, 10 May 2001) Article 8 “necessity” and procedural fairness requirements; parents’ involvement in decision-making. Distinguished as addressing procedural unfairness in substantive child-related determinations.
Elsholz v. Germany (App. No. 25735/94, 13 July 2000) Stricter scrutiny for limitations like access restrictions; need effective safeguards; risk of curtailment of family relations. Distinguished as involving refusal of access and procedural deficits, unlike restraint as a litigation filter.
Paparrigopoulos v. Greece (App. No. 61657/16, 30 June 2022) Appellant relied on timeliness/procedural requirements implicit in Articles 6 and 8. Not treated as preventing proportionate leave-based filters; used only to contextualise the Appellant’s Convention argument.
Fernández Cabanillas v. Spain (App. No. 22731/11, 18 February 2014) Appellant relied on the risk of loss of contact due to passage of time. Not accepted as a basis to reject leave-based restraint; Court emphasised leave can be addressed expeditiously.
Brumarescu v. Romania (App. No. 28342/95) (1999) VII E.H.R.R. 862 Legal certainty as a fundamental aspect of rule of law (Article 6 context). Discussed in the context of the Appellant’s critique of ad hoc restraint orders; Court did not accept that Irish law lacked sufficient certainty.
Henderson v. Henderson (1843) 3 Hare 100, 67 E.R. 313 One-action/abuse principle; contrasted with family law where orders may not be “final.” Used to explain why ordinary civil finality doctrines may not address serial family law litigation, supporting the utility of Isaac Wunder orders.
Bhamjee v Forsdick (No. 2) [2004] 1 W.L.R 88 Inherent power to protect court processes from abuse; proportionality; development of civil restraint orders in England and Wales. Used comparatively; Court acknowledged structured UK approach but did not treat it as displacing Irish inherent-power jurisprudence.
A.E.Y. v. A.L. [2018] EWHC 3253 (Fam) Exceptional use of civil restraint orders in child proceedings; protecting the family justice system from abuse. Cited to show comparable tools exist in other jurisdictions, including in family contexts.
Nowak v. The Nursing and Midwifery Council [2013] EWHC 1932 (QB) Rationale for civil restraint orders: protecting court resources; screening wholly unmeritorious applications while preserving access to arguable claims. Used to explain the protective/public-interest function of filtering mechanisms.
Ebert v. Venvil [2000] Ch. 484 High Court supervisory jurisdiction over lower courts and ability to restrain abusive proceedings; compatibility with Article 6 when appropriately exercised. Used as comparative authority in discussing supervisory roles and injunction-style restraints.
Reg v. Lord Chancellor, Ex parte Witham [1998] QB 575 Common law approach to access to courts referenced in Article 6 discussion (via Ebert v. Venvil quote). Used only through quotation to support compatibility of inherent controls with access rights when appropriately exercised.
Grepe v Loam [1887] 37 Ch D 168 English jurisdictional ancestor of civil restraint-type orders. Discussed comparatively in tracing development of restraint orders in England and Wales.
Attorney-General v Ebert (COT 7th July 2000) Noted (via Bhamjee) regarding duration of s.42 orders and their long-term effect. Referenced in describing the draconian nature and effect of broad statutory restraint orders in England and Wales.
AG v. Ebert [2002] 2 All ER 789 Wide-ranging supervisory role and power to restrain excessive unmeritorious applications. Used to illustrate continued development of inherent powers alongside rules/statutes in other jurisdictions.
Cocker v Tempest (1840-41) 7 M&W 501 Power of each court over its own process to prevent injustice (cited in Bhamjee). Used only as part of the comparative exposition of inherent power principles.
Re Connolly Brothers Ltd. [1911] 1 Ch. 731 Referenced (via Ebert v. Venvil) for supervisory jurisdiction principles. Used comparatively; not applied directly to the Irish orders at issue.
Willis v Earl Beauchamp [1886] 11 PD 59 Quoted in Bhamjee supporting inherent power to prevent machinery being used for vexation/oppression and to protect resources. Used in comparative discussion of proportional, step-by-step restraints.
Re JB and KB [2018] IESC 30, [2019] 1 I.R. 270 Consideration of Article 42A (children’s rights/best interests context). Used as part of the constitutional background on children’s rights.
In the Matter of JJ [2021] IESC 1, [2022] 3 I.R. 1 Scope and interpretation of Article 42A; emphasis on children’s rights and decision-making lens. Used to frame how “best interests” fits constitutionally; Court concluded Article 42A does not justify abusive litigation.
AZ v Minister for Justice [2024] IESC 35 Distinction between Article 42A.1 (general) and Article 42A.4 (mandatory legislative principle/lex specialis). Used to clarify the constitutional architecture of children’s rights provisions.
Heaney v. Ireland [1994] 3 I.R. 593 Proportionality: interference must impair a right as little as possible. Accepted as a general standard; applied in balancing access rights against abuse-of-process controls.
Macauley v. Minister for Posts and Telegraphs [1966] I.R. 345 Recognition of access to the High Court as a personal right protected by Article 40.3 (discussion quoted from Kenny J.). Used to underline constitutional importance of access to justice while acknowledging limits are permissible.
The State (McEldowney) v. Kelleher [1983] I.R. 289 Recognition of access to the District Court as part of access to justice rights. Used to show access rights apply across court levels, though not unlimited.
Kirwan v. Connors [2025] IESC 21 Discussed regarding expansion/clarification of strike-out powers under amended O. 19, r. 28 RSC. Used to contextualise procedural tools (strike-out) as part of the broader anti-abuse framework.
Farley v. Ireland (Supreme Court, Barron J., 1 May 1997) Definition of “frivolous” and “vexatious” where a plaintiff has no reasonable chance of success. Used to explain strike-out concepts and their relation to controlling abusive litigation.
Barry v. Buckley [1981] I.R. 306 Inherent jurisdiction/power to strike out or stay proceedings bound to fail; exercised sparingly in clear cases. Used as a foundational Irish statement of inherent power to prevent abuse where claims must fail.
Goodson v. Grierson Cited (via Barry v. Buckley) as authority for staying claims that must fail. Referenced as part of the doctrinal lineage of “bound to fail” jurisdiction.
Keohane v. Hynes [2014] IESC 66 Dismissal as bound to fail stems from inherent entitlement to prevent abuse of process; sparing use. Used to reiterate the abuse-of-process basis for early dismissal/strike-out.
Fay v. Tegral Pipes Limited & Ors. [2005] 2 I.R. 261 Two reasons for abuse jurisdiction: protect courts’ resources and protect defendants from defending doomed claims. Used to articulate the dual private/public interests advanced by restraint tools.
Doherty v. Minister for Justice, Equality & Law Reform [2009] IEHC 246 Endorsed Fay; courts not to be used for lost causes or to facilitate abuse; “parody of justice.” Referenced as supportive commentary on preventing abuse of process.
Aer Rianta c.p.t. v Ryanair Ltd. [2004] 1 IR 506 Caution in striking out under O.19 r.28; strike-out appropriate if convinced a claim will fail. Used to reinforce careful/sparing nature of summary termination powers.
Sean Quinn Group Limited v. An Bord Pleanála & Ors. [2001] 1 I.R. 505 Improper purpose/unfounded allegations as abuse of process basis. Cited as an example of abuse-of-process doctrine.
Farrell v. Bank of Ireland & Ors. [2012] IESC 42; [2015] IESC 71 Abuse of process by impropriety in conduct of proceedings. Cited as examples within the abuse-of-process landscape.
Attorney General v. London and N.W. RY. (1892) 3 Ch. 274 Under rule-based strike-out, applications tried on pleadings’ allegations (not evidence), as noted in commentary. Discussed historically to contrast rule-based vs inherent-jurisdiction evidence use.
Reichel v. Magrath (1889) 14 App. Cas. 665 Inherent jurisdiction to stay/dismiss frivolous/vexatious actions (English practice commentary). Discussed comparatively on inherent powers to prevent abuse.
Remmington v. Scoles [1897] 2 Ch. 1 Example of inherent jurisdiction to prevent abuse (English practice commentary). Discussed comparatively.
Stevenson v. Garnett [1898] 1 Q.B. 677 Example of inherent jurisdiction to prevent abuse (English practice commentary). Discussed comparatively.
Metrop Bank v. Pooley (1885) 10 App. Cas. 210 “Considerable extension” of inherent jurisdiction to protect from abuse (English practice commentary). Discussed comparatively.
Castro v. Murray [1875] 10 Ex. 213 Abuse of process examples in English practice commentary. Discussed comparatively.
Landi Den Hartog BV v. Sea Bird Limited [1976] F.S.R 489 Exceptional power to prohibit proceedings without leave (English practice commentary). Discussed comparatively to illustrate broader forms of restraint.
Rose Records v. Motown Record Corporation [1983] F.S.R 361 Further example of leave-based restraint orders (English practice commentary). Discussed comparatively.
GMcG v. DW (No. 2) [2000] 4 I.R. 1 Murray J. described inherent powers as accruing by virtue of judicial function/constitutional role. Used to support the conceptual basis of inherent powers in Irish courts.
Walsh v. Minister for Justice [2020] 1 I.R. 488 Referenced for contempt jurisdiction as a tool in the courts’ arsenal. Listed among potential mechanisms to address misuse/disruption.
O'Connor v. Property Registration Authority of Ireland [2019] IECA 235; also referenced as [2024] IECA 264 Examples of restraint orders/management of repeated litigation; cited as part of available measures. Used as illustration of Irish appellate authority engaging restraint-type relief.
Kearney v. Bank of Scotland plc [2020] IECA 92 Isaac Wunder orders are within “panoply” of inherent powers; enumerated guiding factors and cautionary principles. Discussed approvingly as guidance (not a rigid checklist), save for disagreement with any suggestion that inferior courts lack such powers at all levels.
Burke v. Adjudication Officer and Workplace Relations Commission [2023] IEHC 360 Dismissal where litigant’s conduct makes continuation impossible. Listed as an example of available remedies against disruptive litigation conduct.
Ulster Bank DAC & Ors v. McDonagh & Ors (No. 3) [2024] IEHC 609 Security for costs as a tool to regulate abusive litigation. Listed as part of the range of measures available.
J.M.H. v. K.H. [2015] IESC 85 Supreme Court upheld an Isaac Wunder order in child-related proceedings on evidence of excessive applications and vexatious conduct. Used to show domestic authority exists for restraint orders in family/child contexts.
M.M. v. G.M. [2015] IECA 29 Constitutional limits on prohibiting enforcement/review applications concerning children’s welfare. Used to show child welfare considerations can constrain overly prohibitory orders; constitutionality depends on facts.
S.P. v. U.G. [2016] IEHC 693 Isaac Wunder power derives from implied power to supervise/control procedure to avoid oppression/endless vexatious applications. Used to support the inherent-power basis for Isaac Wunder orders.
Bula Limited (In Receivership) v. Crowley & Others [2009] IESC 35 Listed as an instance of judicial responses to misuse of process. Referenced among Irish authorities illustrating restraint/abuse-control measures.
Talbot v. Hermitage Golf Club & Ors [2014] IESC 57 Listed as authority in the general restraint/abuse-of-process context. Referenced as part of the jurisprudential backdrop.
Heuston v. Doyle [2020] IECA 289 Listed as authority addressing repeated or abusive litigation. Referenced among illustrative cases.
Morgan v. The Labour Court & Ors [2025] IECA 2 Statutory bodies (WRC/Labour Court) lack inherent jurisdiction; scope of powers delineated by legislation. Distinguished: unlike statutory tribunals, the Circuit Court/District Court are constitutional courts administering justice and can have inherent powers to prevent abuse within their jurisdiction.
The People v. Lynch [1982] I.R. 64 District and Circuit Court judges must uphold the Constitution in administering justice. Used to support the proposition that lower courts have constitutional obligations relevant to fair procedures and preventing abuse.
Whelan v. Kirby [2004] IESC 17, [2005] 2 I.R. 30 District Court jurisdiction to make orders necessary to fulfil constitutional fair trial/fair procedures obligations. Used to support inherent power of lower courts to prevent abuse of their own processes.
Permanent TSB plc v Langan [2017] IESC 71, [2018] 1 I.R. 375 Meaning of “local and limited” jurisdiction under Article 34.3.4; need to give real effect to “limited.” Used to discuss constraints on lower courts’ jurisdiction and the need to respect constitutional hierarchy in formulating restraint orders.
Grimes v Owners of SS Bangor Bay [1948] I.R. 350 Historical discussion of “local and limited” jurisdiction; jurisdiction exercised locally and limitations required to satisfy constitutional requirements. Used to support analysis of how local/limited characteristics bear on lower-court powers.
Attorney General v O'Ryan and Boyd [1947] IR 213 Referenced in relation to High Court supervisory role and contempt jurisdiction affecting lower courts. Used to illustrate the High Court’s supervisory role over lower courts.
AG v Connolly [1946] IR 82 Referenced in relation to supervisory role/contempt. Used to illustrate High Court supervision over lower courts.
Governey v. Financial Services Ombudsman [2015] IESC 38, [2015] 2 I.R. 616 Restrictions on appeal rights should be by clear wording; limiting appeals is problematic. Used in discussing appealability of Isaac Wunder orders and refusals of leave.
Riordan v. Ireland (No. 5) [2001] 4 I.R. 463 Test for leave to institute proceedings notwithstanding a restraint: assess whole history; proceedings without reasonable ground; persistent/habitual vexatious litigation. Adopted as the governing test for leave applications under/after an Isaac Wunder order.
Re Lang Michener and Fabian (1987) 37 D.L.R. (4th) 685 Enumerated factors indicating vexatious proceedings (similar to later Irish formulations). Cited (via Riordan (No. 5)) as helpful indicators of vexatiousness.
Kenny v. An Bord Pleanála [2010] IEHC 321 Leave should not be granted as an exception to an Isaac Wunder order unless the claim is not a vexatious repetition and is not manifestly unfounded/unstateable. Used to articulate the threshold for granting leave under a restraint regime.
Daire v. The Wise Finance Company Ltd. [2018] IECA 126 Similar approach to leave under restraint: avoid vexatious repetition/unstateable claims. Reinforced the leave threshold described in the judgment.

Court's Reasoning and Analysis

Nature of the jurisdiction and balancing exercise. The Court reaffirmed that Irish courts have inherent powers to protect court processes from abuse and to protect other parties from unnecessary harassment and expense. While access to justice is constitutionally protected, it is not unlimited: repeated frivolous, vexatious, or abusive litigation can justify restrictions. The Court reviewed rule-based strike-out mechanisms (including O.19, r.28 RSC as amended) and inherent-jurisdiction/power doctrines permitting summary disposal of proceedings that are bound to fail or constitute abuse of process.

Isaac Wunder orders as exceptional “filtering” measures. The Court characterised Isaac Wunder orders as exceptional and to be deployed sparingly. Their essential feature is not a substantive bar on litigation but a procedural requirement to obtain leave before instituting further proceedings against the protected party. The Court emphasised that leave should be granted where a bona fide, arguable claim is shown and is not a vexatious repetition of earlier grievances already determined.

Family law context and best interests of the child. The Court held there is no bar in principle to making Isaac Wunder orders in family law proceedings concerning access/maintenance/custody. It accepted that family law disputes may require future applications due to changes in circumstances and that courts must consider the child’s best interests when deciding whether to impose restraint. However, the Court rejected the proposition that Article 42A could justify endless abusive litigation; it considered that repetitious, unmeritorious litigation may itself harm the child (stress, acrimony, repeated assessments) and deplete the custodial parent’s resources.

Convention rights. The Court distinguished ECtHR cases relied on by the Appellant as dealing with substantive restrictions on parental access and procedural unfairness in those proceedings, rather than leave-based filters designed to prevent abuse. It accepted that restrictions on access to court must pursue a legitimate aim and be proportionate, but found nothing in ECtHR jurisprudence that prohibited proportionate restraint orders.

Jurisdiction of courts of local and limited jurisdiction. The Court agreed that the Circuit Court could not restrict access to the High Court (and thus could not require Circuit Court leave before judicial review), affirming Judge Simons’ reasoning on the High Court’s supervisory jurisdiction and full original jurisdiction. However, the Court concluded that the Circuit Court and District Court, as constitutional courts administering justice, have inherent power to make Isaac Wunder orders to prevent abuse of their own processes within their jurisdictional limits. The Court discussed the “local and limited” requirement and emphasised that inferior courts cannot make orders restricting proceedings in courts of greater constitutional jurisdiction.

No error in the Court of Appeal order. The Court held the Court of Appeal had properly applied the relevant factors to a history described as a barrage of unmeritorious litigation, and had regard to evidence including the effect on the child. It rejected the argument that less restrictive measures had to be exhausted first as a matter of principle, noting the leave mechanism preserves access where a legitimate case arises and can be dealt with expeditiously.

Misrepresentation of prior proceedings and procedural protections. Addressing issue (4), the Court identified multiple tools available to courts dealing with serial or disruptive litigants (strike-out/dismissal, costs, security for costs, case management, contempt, and obtaining transcripts). It endorsed the setting-aside of judicial review leave where obtained on a grossly misleading factual basis and highlighted the importance of digital audio recording as a safeguard against misrepresentation of prior hearings.

Holding and Implications

DISMISSED. The Supreme Court dismissed the appeal and affirmed the Court of Appeal’s order.

Implications. The direct effect was that the Isaac Wunder order made by the Court of Appeal remained in place, requiring the Appellant to obtain prior leave before instituting proceedings against the Respondent in the specified courts. The judgment confirmed that Isaac Wunder orders may be made in family law proceedings (including access and maintenance disputes) where proportionate and necessary, with the child’s best interests being a relevant factor. It also affirmed that the Circuit Court cannot restrict recourse to the High Court, while indicating that the Circuit Court and District Court may exercise inherent powers to prevent abuse within their own jurisdictional limits. The Court framed such orders as exceptional, leave-based filters rather than absolute prohibitions, and emphasised available procedural mechanisms to address misleading ex parte applications and serial litigation conduct.

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M v M (Approved)

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M v M (Approved)
(Jan 23, 2026)