M v M (Approved) [2026] IESC 2 (23 January 2026)

M v M (Approved) [2026] IESC 2 (23 January 2026)

The Circuit Court and District Court have jurisdiction to grant Isaac Wunder orders in personam against parties over whom they have personal jurisdiction, and such orders may take effect outside the territorial limits of the court. However, these courts cannot make in rem orders with general effect outside their jurisdiction or restrain litigation involving other parties or matters over which they lack personal jurisdiction.

Citation
[2026] IESC 2
Parties
Applicant/appellant: GM; Respondent: IM; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
23 January 2026
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Isaac Wunder Orders, Abusive Litigation, Jurisdiction of Circuit Court, Jurisdiction of District Court, In Personam Orders, In Rem Orders, Administration of Justice
Civil Procedure Constitutional Law Isaac Wunder Orders Abusive Litigation Jurisdiction of Circuit Court Jurisdiction of District Court In Personam Orders In Rem Orders +1 more

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Parties

GM

Applicant/appellant

IM

Respondent

The Attorney General

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Do the Circuit Court and District Court have jurisdiction to grant Isaac Wunder orders to prevent abusive litigation?
  2. 2 Can such orders take effect throughout the State and outside the territorial limits of the court's jurisdiction?

Ratio Decidendi

The Circuit Court and District Court have jurisdiction to grant Isaac Wunder orders in personam against parties over whom they have personal jurisdiction, and such orders may take effect outside the territorial limits of the court. However, these courts cannot make in rem orders with general effect outside their jurisdiction or restrain litigation involving other parties or matters over which they lack personal jurisdiction.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The Circuit Court and District Court have jurisdiction to grant Isaac Wunder orders in personam within the limits described.