High Court warning on disruptive behaviour
The President of the High Court has warned that the court will not tolerate litigants or their supporters who engage in disruptive behaviour.
After consultation with the President of the Court of Appeal, Mr Justice David Barniville has issued a notice in response to what he describes as “an increasing number of incidents of extremely disruptive and, on occasions, violent conduct in court by some litigants in person and their supporters”.
The High Court President says that such behaviour will likely be addressed by the court in one or more of the ways set out in the notice.
He has also warned that such conduct will expose those involved to the risk of further procedures for contempt of court and, potentially, other criminal proceedings.
Duty
A similar notice is to be issued by the President of the Court of Appeal Ms Justice Caroline Costello.
“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 notice says.
Mr Justice Barniville adds that 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,” he adds.
Examples
The notice lists some of the most common examples of disruptive conduct – including 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”.
Other types of conduct identified are the making of 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”, and any actual, attempted, or threatened unauthorised taking or recording of any images or audio record in court.
The notice also sets out some of the steps the court may take in response to disruptive conduct – including restrictions on or exclusion from physical attendance in a courtroom, restrictions on communications with a court, and restrictions on making certain types of submissions.
Removal
According to the notice, the court may also mute a person’s audio on remote court after a warning, or terminate a person’s connection to a remote court hearing.
Mr Justice Barniville also warns that, where disruptive conduct warrants removal from the courtroom, the court may:
- Warn the person of possible removal unless urgency or prior conduct makes a 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,” the notice concludes.