Practice direction on repetitive litigation
The President of the Circuit Court has issued a new practice direction (PD) to establish a clear and consistent framework for the management of repetitive or serial litigation in the court.
PD CC32 includes the use of a Litigation Restriction Order (LRO), frequently described as an Isaac Wunder order, requiring a litigant to obtain leave of the court before issuing further proceedings of a specified kind.
A statement from the court said pointed to a Supreme Court judgment in M v M, which clarified that the Circuit Court had the jurisdiction, grounded in constitutional principle and the court’s power to protect its own process, to restrain repetitive or abusive litigation in appropriate and proportionate circumstances.
In light of this, CC32 sets out the procedures, criteria, and forms of order applicable to repetitive litigation within the Circuit Court.
The direction from Ms Justice Patricia Ryan is pursuant to sections 22(17) and 22(18) of the Courts (Supplemental Provisions) Act 1961 (as inserted by section 112 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023).