The High Court has ordered B.L. to pay a total of €116,692.99 in costs within seven days and made an Isaac Wunder order restricting his ability to bring further court applications without prior consent.
In a judgment delivered on 21 December 2017, Mr Justice Richard Humphreys dealt with costs arising from B.L.’s Article 40 application concerning his detention for contempt, and costs in family law proceedings involving C.L. The court had previously refused to order B.L.’s release in two Article 40 applications. The judgment concerned the costs of the second application and C.L.’s motions for an Isaac Wunder order and orders relating to family law costs.
B.L. sought an adjournment, citing his circumstances and saying maintenance arrears had been paid. The judge noted that B.L. had been released from Castlerea Prison on 30 November 2017, a fact he had not volunteered. The judge rejected the adjournment request, finding it strategic and without merit or evidential foundation.
The court measured the State’s costs in the Article 40 proceedings at €25,402.99, after hearing evidence about the preparation and service of a bill of costs. It also ordered B.L. to pay C.L. €91,290 in family law costs. That total comprised €87,830 in measured costs and €3,460 for C.L.’s costs of the costs application and Isaac Wunder application. The €87,830 included professional fees, VAT and €500 allowed for outlay.
The court awarded C.L. costs previously reserved in relation to four family law orders dated 14 April 2011, 27 July 2011, 7 December 2012 and 17 February 2014. It measured those and costs already awarded in relation to High Court orders of 22 July 2014 and 22 May 2017, relying on estimates from C.L.’s cost accountants that it considered fair and reasonable.
The Isaac Wunder order requires B.L. to obtain prior consent before instituting applications or proceedings in the District Court, Circuit Court or High Court. Consent must come from the relevant court’s president, or from the judge in charge of the High Court family law list. When seeking leave, B.L. must provide a copy of the judgment in his second Article 40 case, which sets out the history of the matter.
The final order required payment within seven days: €25,402.99 to the Governor of Castlerea Prison in the Article 40 proceedings, and €91,290 to C.L. in the family law proceedings.