The Court of Appeal has refused Enoch Burke’s attempt to bring a late appeal against the 2023 High Court judgment which upheld his suspension from Wilson’s Hospital School and permanently restrained him from entering the school premises without permission.
Ms Justice Costello said Mr Burke applied in February 2026, more than two years after the normal appeal period expired. The court found he had not formed an intention to appeal within time and that his failure to do so was deliberate rather than a mistake.
The underlying proceedings arose after the school placed Mr Burke on paid administrative leave in August 2022 pending a disciplinary process. The dispute followed his objections to a principal’s direction concerning the name and pronoun to be used for a student, together with subsequent incidents at the school.
In May 2023, Mr Justice Owens found that the school had acted lawfully in initiating the disciplinary process and suspending Mr Burke. He also found that Mr Burke’s repeated attendance after suspension constituted trespass. A permanent injunction was granted and €15,000 damages awarded for trespass.
Mr Burke did not appeal that judgment at the time. He later continued to attend the school, resulting in contempt proceedings and imprisonment. He also unsuccessfully asked another High Court judge in 2024 to set aside the judgment.
His application to extend time was triggered by a January 2026 newspaper report about a Department of Education statement that schools were not legally obliged to use a student’s preferred pronouns. Mr Burke argued this supported his original position.
The Court of Appeal held that the Department’s statement was not law and was irrelevant to whether the school lawfully suspended him pending disciplinary proceedings.
The court stressed that the 2023 injunction does not compel Mr Burke to use any name or pronoun. It simply restrains him from entering specified private property without consent.
Finding no strong appeal ground capable of outweighing the lengthy delay, the court refused the extension application.