The High Court ordered a conditional garnishee order to be made absolute against money in Enoch Burke’s Bank of Ireland account, to satisfy €79,100 in fines already imposed. The court later vacated the account attachment after being informed the money had been paid into the court’s fines account.
In a judgment delivered on 9 April 2025, Mr Justice Nolan also imposed a further fine of €1,400 for each day, or part of a day, that Burke continues to breach court orders and refuses to purge his contempt. The judge said the fine would continue until Burke purged his contempt.
The proceedings arose from a permanent injunction granted by Mr Justice Owens restraining Burke from entering or trespassing on Wilson’s Hospital School premises. The judgment says that order had not been appealed. Evidence in an affidavit from the school’s acting principal described Burke’s presence on the grounds and inside school buildings on multiple days between 21 January and 28 February 2025. Justice Nolan found that the sworn evidence showed Burke had breached the injunction.
The judge had directed Burke to provide, by affidavit, information about his income and assets. Burke’s affidavit said he could not “in all good conscience” provide details of his means. Justice Nolan said he had no evidence of Burke’s financial circumstances, and no evidence before him of hardship that might result from appointing a receiver.
On 18 March, the judge appointed chartered accountant Myles Kirby as receiver over money payable to Burke by notice parties. The judge treated Burke’s payments during paid administrative leave as distinct from salary for work performed, noting that Burke was not carrying out professional services while on leave. He concluded that appointing a receiver was just and convenient in the circumstances.
The Attorney General then applied for a conditional garnishee order over any money in Burke’s bank account. At the hearing on 25 March, Burke made submissions about his suspension and the underlying dispute, but, according to the judgment, did not address why the conditional order should not be made absolute. Justice Nolan made it absolute.
The final orders recorded in the judgment include costs in favour of the school’s Board of Management and the Attorney General. The receiver’s costs were adjourned with liberty to apply. The court vacated the account attachment because the money had been paid to its fines account; the judgment does not say that the further daily fine was discharged.