Following consultation with the President of the High Court, I have decided that in light of the increasing number of incidents of extremely disruptive and, on occasions, violent conduct in court by some litigants in person and their supporters, it is necessary that I issue this Notice by way of warning to those who engage in such conduct that it will not be tolerated and will likely be addressed by the Court in one or more of the ways listed below, as well as exposing those involved in such conduct to the risk of further procedures for contempt of court and potentially other criminal proceedings. A similar notice has been issued by the President of the High Court.
Disruptive conduct threatens the effective management of court business, the progress of cases and the safety and welfare of judges, registrars and other court officers, officials and staff, lawyers and litigants alike. The Court has a duty to protect the integrity of proceedings and ensure the proper administration of justice and the safety of all those involved in the courts system. If public confidence in the administration of justice is to be maintained, it is paramount that the authority of the Court is respected.
The purpose of this Notice is to identify some of the more common examples of disruptive behaviour by certain litigants in person and their supporters and some of the ways in which such disruptive conduct can and will be dealt with by the Court when it arises. Given the increasing incidents of these types of disruptive behaviour, it cannot be expected that the Court will exercise the type of tolerance for such behaviour as may have been exercised up to now.
Where a person disrupts court business, there are a range of orders the Court may make under legislation, the Rules of the Superior Courts and under its inherent jurisdiction. Some of these measures are outlined below, by way of example. It should be stressed, however, that this is not an exhaustive list. There are other orders which may be sought by persons adversely affected by such disruptive behaviour (including orders made under the Court’s criminal and civil contempt of court powers). Criminal proceedings may also be brought.
Where necessary, the Court may take one or more of the steps outlined below where that is a fair and proportionate response to the disruptive conduct involved.
The objective in this regard is to ensure that all proceedings are conducted fairly, safely and efficiently, while protecting the rights of all participants.
- Examples of Disruptive Conduct
Disruptive conduct (or disruptive behaviour) is any behaviour that interferes with the proper administration of justice and includes, purely by way of example (and not as an exhaustive list):
- instituting or prosecuting any proceedings that are improperly repetitious of previous proceedings or contain claims that could more properly have been litigated in earlier proceedings, are oppressive, frivolous, vexatious, bound to fail or lack any reasonable prospect of success, or are aimed at an ulterior purpose;
- seeking to re-open any perfected order without substantial cause;
- repeated failure to comply with time limits for the taking of procedural steps;
- improper applications knowingly being made in the incorrect list or before the wrong judge;
- making any submission or application that is oppressive, frivolous, vexatious, bound to fail or lacks any reasonable prospect of success or is aimed at an ulterior purpose;
- instituting proceedings against: (a) any judge, registrar, court official or member of staff of the Courts Service or former holder of such positions, and/or (b) without proper basis, against any lawyer (save by a client or former client);
- instituting proceedings in breach of a litigation restriction order or “Isaac Wunder” order;
- any actual, attempted or threatened assault of the judge or any person in court such as the attempting of a purported arrest within the courtroom or offering physical resistance to a member of An Garda Síochána who is implementing or is proposing to implement or has implemented any order or direction of the Court;
- any actual, attempted or threatened unauthorised taking or recording of any images or audio record in court or the use or display of any mobile device or other equipment in a manner that is capable of taking or recording such records;
- the use of any abusive, threatening, significantly discourteous or otherwise improper words or conduct towards the Court or any other person in court;
- conducting cross examination in an improper or oppressive manner, after being duly warned by the Court;
- the production of or reliance on any prolix, scandalous or otherwise improper document;
- failure or refusal to comply with, or refusal to accept, any directions of the Court as to the conduct of the hearing or otherwise;
- delaying the orderly processing of the business of the Court including by making unfounded adjournment requests, including for unsubstantiated medical reasons;
- any other disruption of the hearing such as addressing the Court or attempting to do so without a right of audience, failing to cease addressing the Court when directed to so cease, making any unauthorised disruption or other intervention, or moving about in the courtroom in a disruptive manner;
- acting as a McKenzie Friend without complying with the conditions for such a role, or availing of the assistance of such a person;
- reliance on the assistance of a McKenzie Friend without obtaining the Court’s permission and without disclosing to the Court any information relevant to the matter that the Court may require; and/or
- taking any other step tending to interfere with the course of justice.
- Examples of Steps the Court May Take
Where the Court is satisfied that disruptive conduct has occurred, is occurring or is likely to occur in a way that affects the conduct of any proceedings or court business, the Court may make a range of different orders and take various steps to ensure that proceedings are conducted in a fair and orderly manner.
Depending on the circumstances, and again purely by way of example, the Court may:
- require any matter advanced by the person to be placed on affidavit;
- require any person in a position to give evidence about any such matter to attend in person to give sworn evidence;
- proceed in the absence of a party who fails to attend despite notice of a hearing;
- make orders preventing any person from engaging in disruptive conduct generally or particular types of such conduct;
- adjourn proceedings;
- dismiss or strike out any proceeding or defence, either absolutely or on terms or by way of an unless order;
- restrict the person from making a particular submission or submissions of a particular type or from conducting cross-examination in any specified inappropriate way or curtail such cross-examination;
- restrict the person from availing of a particular McKenzie Friend or from acting as a McKenzie Friend or from purporting to offer litigation related services for reward or otherwise;
- restrict the person from attending court in person and requiring any further proceedings in which the person is involved to be conducted remotely on such conditions as to access to audio and video transmission as may be directed;
- restrict the person from interaction with the Court, the registrar or other court official or staff of the Courts Service or with the Courts Service itself and/or opposing lawyers, generally or in a specified manner;
- restrict the person from communicating with the Court, the registrar or other court official or with members of staff of or with the Courts Service itself, otherwise than by formal notice of motion and affidavit;
- restrict the person from attending in person at any court office, including the Office of the Court of Appeal;
- move the hearing to a remote platform including, where necessary in the circumstances, without the necessity for prior warning or submissions;
- exclude any person from a physical courtroom;
- mute the person’s audio on remote court, following the giving of a warning, if appropriate;
- terminate the person’s connection to a remote court hearing, following the giving of a warning, if appropriate; and/or
- restrict the person from instituting proceedings generally or of a particular type, without prior consent of the President of the High Court or another judge of the High Court nominated by the President.
Orders of this nature may, where necessary and proportionate, be made the basis of a single instance. They may also be made, in accordance with law, without prior notice to the person disrupting court business, but subject to any submission the person may wish to make subsequently as to why the order(s) should be set aside or varied.
- Removal from the Court
Where disruptive conduct warrants removal from the courtroom, the Court may:
- warn the person of possible removal unless urgency or prior conduct makes warning inappropriate; and/or
- direct voluntary removal and/or request Garda assistance, including reasonable force, if necessary.
Following removal, the court may proceed in the absence of the removed person.
18 December 2025
Ms. Justice Caroline Costello
President of the Court of Appeal
