The High Court dismissed Ammi Burke’s judicial review proceedings after finding that her conduct during the hearing on 4 May 2023 made it impossible to continue and amounted to an abuse of the court’s process.
In a judgment dated 26 June 2023, Ms Justice Marguerite Bolger said Burke repeatedly shouted objections to a decision the court had already made, despite warnings and time to reflect. The judge said the disruption prevented the respondent and notice party from being heard and stopped the stenographer from accurately recording the proceedings. The court dismissed the case under its inherent jurisdiction to prevent abuse of process.
The judicial review concerned Burke’s unfair dismissal claim against her former employer, Arthur Cox LLP, before the Workplace Relations Commission (WRC). An adjudication officer had dismissed that claim after Burke and her mother repeatedly interrupted proceedings while objecting to decisions about witness summonses and disclosure of emails. Burke challenged the dismissal, arguing that the officer’s approach was unlawful and that she and her mother had not obstructed the hearing.
The High Court substantive hearing began on 3 May, after Justice Bolger had refused Burke’s application to have the judge recuse herself. The judgment records that Burke continued to challenge that decision and objected during the hearing to what she called interruptions. On 4 May, the judge adjourned a separate application by Burke to amend the recusal judgment under the “slip rule” and directed that it be brought on notice and supported by affidavit.
The judge said that after the respondent’s submissions resumed, Burke repeatedly spoke over counsel, shouted objections and pounded the lectern. The notice party applied to dismiss the proceedings, and the respondent supported the application. Burke was invited to respond but did not do so, instead repeating objections to the court’s earlier decision. The judge warned that further similar conduct would result in dismissal. Burke resumed shouting after that warning.
Justice Bolger considered removing Burke from court, finding her in contempt, or adjourning the case, but concluded those steps would not allow the hearing to continue while respecting the rights of all court users. The dismissal ended the judicial review hearing before the remaining submissions and Burke’s reply. The judgment did not determine the underlying grounds of her judicial review.
The court had not yet made final orders on costs. It directed the respondent and notice party to make written submissions on costs and any final orders within 10 days, with Burke to respond within a further 10 days. The matter was listed to return on 21 July 2023.