The High Court has refused a bankrupt applicant’s renewed bid to set aside or re-enter an earlier order refusing him leave to seek judicial review against the Courts Service of Ireland.
In a judgment delivered on 31 July 2018, Mr Justice Richard Humphreys said the application must be refused for four reasons. The original issue had been overtaken by the hearing and determination of the bankruptcy summons; an appeal, rather than re-entry at High Court level, was the proper remedy; the applicant had already sought almost the same relief in 2016 and did not appeal the refusal; and the original application for leave had no merit for reasons given in an earlier judgment.
The dispute had involved the applicant and his former solicitors. The judgment recounted that he was adjudicated bankrupt on 7 December 2015, that an application to show cause against the adjudication was dismissed in April 2016, and that his appeal against the bankruptcy adjudication was dismissed in October 2016. The earlier judicial review concerned the Courts Service’s refusal to accept an application to set aside a bankruptcy summons.
The judge said he would hear from the applicant on why he should not be made subject to an Isaac Wunder order, a restriction on bringing proceedings. In a postscript, the judge noted the applicant had indicated he had health difficulties and wanted time to prepare legal submissions. He said the applicant could make submissions against a permanent order, probably to the judge in charge of the bankruptcy list, identified as Costello J.
Pending the submission being made and dealt with, the court imposed a temporary order restraining the applicant from instituting any further proceedings without the consent of a High Court judge. The judgment does not make a permanent order; it allows the applicant to make submissions on that question.