The Court of Appeal has dismissed Enoch Burke’s appeal against injunctions restricting his attendance at Wilson’s Hospital School while he remained on paid administrative leave pending a disciplinary process.
In a judgment delivered electronically on 7 March 2023, Mr Justice John Edwards said he agreed with the President and Ms Justice Whelan. He said the appeal concerned whether interim and interlocutory injunctions were properly granted, and whether the High Court was right to refuse relief Burke sought. It did not determine the wider questions about gender identity, freedom of expression, conscience or religion.
The school’s case was that Burke continued to attend after being placed on administrative leave and directed not to return. The Board of Management said his conduct in expressing and publicising his grievance was inappropriate and disruptive. It argued that his attendance could disrupt students and school activities, including classes due to be covered by a substitute teacher.
The High Court granted an initial injunction on an ex parte application, then continued injunctions after an interlocutory hearing. The Court of Appeal found the judges had applied the relevant tests on the evidence before them. It noted that Burke had not put forward pleadings or affidavit evidence asserting constitutional rights violations at those hearings. His later counterclaim alleging such breaches was filed on 12 September 2022, after those decisions.
The court stressed that the injunctions restrained Burke from attending the school and interfering with teaching while his administrative leave remained in place. They did not impose that leave. The court also said the appeal did not decide whether the leave or disciplinary process was lawful, or whether Burke’s constitutional rights were engaged or breached. Those issues might be considered at trial, depending on the evidence.
Burke had also appealed decisions concerning injunctions he sought to stop a disciplinary meeting and process, and to prevent his dismissal. The court said the school had undertaken not to proceed with disciplinary steps without giving him three days’ notice. It held that the High Court was entitled to decline injunctions where the undertakings made them unnecessary. On the remaining requested relief, the judgment recorded that Burke was no longer seeking positive intervention from the Court of Appeal.
The court dismissed the appeal. The judgment did not resolve the underlying disciplinary dispute or the wider constitutional claims.