SP -v- UG [2016] IEHC 693 (10 June 2016)

SP -v- UG [2016] IEHC 693 (10 June 2016)

The Isaac Wunder order should not operate as an absolute bar to litigation, particularly in relation to divorce proceedings, which are constitutionally and statutorily protected. The High Court has jurisdiction to hear the appeal as the order in question was made in the Circuit Court. The order should be varied to permit divorce proceedings and potentially other necessary litigation, but otherwise remains in place to prevent vexatious applications.

Citation
[2016] IEHC 693
Parties
Applicant: S. P.; Respondent: U. G.
Jurisdiction
Ireland
Judgment Date
10 June 2016
Procedural Posture
Circuit Court Appeal to High Court (family Law) / Appeal Against Refusal to Vacate Isaac Wunder Order
Outcome
Appeal allowed in part
Legal Topics
Isaac Wunder Orders, Access to Courts, Vexatious Litigation, Judicial Separation, Divorce Proceedings
Family Law Civil Procedure Isaac Wunder Orders Access to Courts Vexatious Litigation Judicial Separation Divorce Proceedings

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Parties

S. P.

Applicant

U. G.

Respondent

Procedural Posture

Circuit Court Appeal to High Court (family Law) / Appeal Against Refusal to Vacate Isaac Wunder Order

Legal Issues

  1. 1 Whether the Isaac Wunder order should be vacated or varied to permit certain litigation, including divorce proceedings
  2. 2 Whether the High Court has jurisdiction to hear the appeal against the President of the Circuit Court's refusal to vacate the order
  3. 3 Whether the Isaac Wunder order as drafted is overly broad and infringes constitutional or human rights

Ratio Decidendi

The Isaac Wunder order should not operate as an absolute bar to litigation, particularly in relation to divorce proceedings, which are constitutionally and statutorily protected. The High Court has jurisdiction to hear the appeal as the order in question was made in the Circuit Court. The order should be varied to permit divorce proceedings and potentially other necessary litigation, but otherwise remains in place to prevent vexatious applications.

Court Disposition

Appeal allowed in part

Orders

  • Isaac Wunder order varied to permit divorce proceedings to proceed
  • Further directions to be given regarding litigation affecting the interests of the child under eighteen, subject to parties' submissions