The President of the Circuit Court, has issued a new Practice Direction (CC32) to establish a clear and consistent framework for the management of repetitive or serial litigation in the Circuit Court. The Practice Direction includes the use of a Litigation Restriction Order (“LRO”), frequently described as an Isaac Wunder order, requiring a litigant to obtain leave of the Court before issuing further proceedings of a specified kind. The Practice Direction is pursuant to section 22(17) and 22(18) of the Courts (Supplemental Provisions) Act 1961 (as inserted by section 112 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023).
The Supreme Court in M v M [2026] IESC 2 clarified that the Circuit Court possesses jurisdiction, grounded in constitutional principle and the Court’s power to protect its own process, to restrain repetitive or abusive litigation in appropriate and proportionate circumstances.
In light of this CC32 now sets out the procedures, criteria, and forms of order applicable to repetitive litigation within the Circuit Court.
For the full text of the Practice Direction please follow the link below:
CC32: Litigation Restriction Orders: Procedures and Related Matters
