Dáil Éireann Debate, Tuesday - 14 July 2026
508. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the options available to a person who is subject to the vexatious use of protection orders; and if he will make a statement on the matter. [52779/26]
View answer509. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration if he is concerned that the principal mechanism for restricting vexatious litigants, namely an Isaac Wunder order, generally requires an application to the High Court; whether he will examine the establishment of a more accessible and less costly mechanism for persons subjected to persistent vexatious litigation; and if he will make a statement on the matter. [52780/26]
View answer510. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether his Department has undertaken any review of the adequacy of existing legislation dealing with vexatious litigation, particularly in the context of repeated applications for domestic violence, family law or protective orders; if will provide details of any such review; and if he will make a statement on the matter. [52781/26]
View answer511. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether his Department has examined approaches adopted in other jurisdictions to deal with vexatious litigants, including less costly alternatives to High Court proceedings; whether any legislative reforms are planned arising from such examinations; and if he will make a statement on the matter. [52782/26]
View answer512. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether he recognises litigation abuse as a form of coercive control or harassment in circumstances where an individual repeatedly initiates unfounded court proceedings against the same person; whether legislative measures are being considered to provide greater protections for victims; and if he will make a statement on the matter. [52784/26]
View answer513. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the estimated legal costs associated with obtaining an Isaac Wunder order in the High Court; whether an assessment has been conducted of the financial barriers faced by victims of vexatious litigation; and if he will make a statement on the matter. [52785/26]
View answer514. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether consideration has been given to introducing measures allowing family law courts to refuse or filter repeated applications which have previously been determined and which appear intended to harass, intimidate or control another party; and if he will make a statement on the matter. [52786/26]
View answer515. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration whether the Courts Service or Judicial Council has considered the introduction of enhanced case-management procedures for dealing with litigants who repeatedly initiate meritless proceedings against the same individuals; and if he will make a statement on the matter. [52787/26]
View answerI propose to take Questions Nos. 508 to 515, inclusive, together.
The management of the courts and the conduct of court proceedings are matters entirely for the judiciary and the Courts Service. Decisions to place restrictions on individuals initiating proceedings may, in certain circumstances, be made by a court, either on its own initiative, or following an application, where proceedings are considered frivolous or vexatious. Such decisions fall within the exclusive jurisdiction of the judiciary, who are independent in the exercise of their functions.
A court may, in appropriate cases, strike out a frivolous or vexatious application or an application which is bound to fail. In circumstances where a person repeatedly brings vexatious or frivolous applications, a court may make an “Isaac Wunder” Litigation Restriction Order. The effect of an Isaac Wunder order is that it requires the person to first obtain the permission of the Court before initiating any further cases. This order shields defendants from further vexatious applications.
The Supreme Court has, in its January 2026 judgment in the case of M v M ([2026] IESC 2), clarified that the Circuit and District Courts may make Isaac Wunder orders preventing further vexatious applications in those Courts. The court observed that the right of access to the courts must be balanced with the rights of defendants not to be repeatedly made the subject of vexatious litigation, or litigation that is bound to fail, and that there is nothing in the ECHR jurisprudence that prohibits or prevents restrictions being placed on an individual’s right of access to the courts in appropriate circumstances. Previously, it had been thought that Isaac Wunder orders could only be obtained in the first instance from the High Court.
On 28 January 2026, the President of the High Court issued a Practice Direction (HC135) on Isaac Wunder/Litigation Restriction Orders: Procedures and Related Matters. The Circuit Court also introduced a Practice Direction on this matter, which took effect on 5 May 2026.
A working group was established in 2023 to consider the challenges associated with litigants in person (LiP) participating in proceedings. Those challenges may be experienced by a LiP, other parties to the litigation, the judiciary and/or the staff of the Courts Service. The group comprised of a representative cohort drawn from all court jurisdictions. The Courts Service and the Judicial Council participated as observers.
The group completed a report (judicialcouncil.ie/assets/uploads/documents/Report%20on%20Litigants%20in%20Person.pdf) which was published in February 2025 and made recommendations designed to address those challenges, following consultation with the judiciary. The report includes a chapter on repetitive litigation and makes a number of recommendations which are being considered. My Department is represented on the associated Implementation Group which has met five times since it was established in May 2025.
My Department keeps the operation of all legislation under review to ensure that it is achieving its intended purpose. Work is ongoing in my Department to improve the efficiency of courts processes. In January of this year, I published the General Scheme of the Civil Reform Bill. The Civil Reform Bill is a key measure that will see the implementation of the Review of the Administration of Civil Justice, also known as the Kelly Report, which was published in October 2020. The Report made over 90 recommendations aimed at improving access to justice for all by making it quicker, more efficient and more cost effective. The proposed Bill will provide for a suite of civil reform measures, including creation of case conduct principles and a presumption against granting of adjournments.
The Judicial Council Act 2019 provides a statutory basis for education and training of the Irish Judiciary. The Judicial Studies Committee was established on 10 February 2020, and Section 17 of the 2019 Act sets out the role and responsibilities of the Committee in facilitating the continuing education and training of judges. Areas of training include matters of child and family law, ethics and conduct, human rights and equality, and judgecraft which covers court management, case management, judgment writing, and other work practices.
