Wilson’s Hospital School is seeking to recover an estimated €300,000 in legal costs from jailed teacher Enoch Burke, relating to the first year of a protracted legal battle. The application for costs recovery, covering litigation from August 2022 to July 2023, was heard Tuesday by Barry Magee, the chief legal costs adjudicator, who is expected to issue a determination in April.
The school’s legal costs accountant, Anthony McMahon, described the adjudication as “unusual” in that it seeks only to recover costs already paid by the school’s insurer, and at rates “heavily discounted” from standard commercial fees. He emphasized that the case is not about securing damages, but rather recouping expenses incurred due to litigation the school “had to endure.”
The legal dispute originated from Burke’s suspension in August 2022, pending a disciplinary process, after he publicly challenged a request from the then school principal to address a male student by their preferred pronouns. The school subsequently decided to dismiss Burke, though his appeal against that dismissal remains unresolved. The current claim for costs relates to the period leading up to a May 2023 High Court judgment that upheld the lawfulness of the disciplinary process and subsequent orders made in July 2023 awarding costs to the school.
Burke, appearing via video link from Mountjoy Prison where he is serving a fifth sentence for civil contempt of court orders to stay away from the school grounds, attempted to adjourn the adjudication. He argued this should be delayed pending a Court of Appeal decision on his bid for a late appeal against the May 2023 High Court judgment, claiming the initial litigation stemmed from an “illegitimate instruction.” This request for an adjournment was denied.
During Tuesday’s hearing, McMahon detailed various items within the bill of costs. He noted that some fees had been voluntarily reduced by 15 percent, and that the insurer had approved all payments. A sum of €101,872 for work completed prior to the May 2023 hearing was reduced to €78,061 by the insurer. The engagement of two senior counsel was justified, McMahon stated, due to the complexity of the case and the number of hearings, some of which were scheduled with short notice.
Fees for the two senior counsel were set at €25,000 each, plus additional fees for appearances, while junior counsel received a brief fee of €12,000. McMahon asserted that these fees were “fine,” and highlighted that 241 hours of work performed by legal trainees were not billed.
In addition to the €300,000 sought in this adjudication, Burke is also liable for €225,000 in fines imposed by the High Court for non-compliance with orders to stay away from Wilson’s Hospital School. Eight further bills of costs are currently being drafted, with High Court judge Brian Cregan scheduled to assess additional costs on February 25th, including those related to a receiver appointed to collect the fines imposed on Burke. According to the Irish Independent, the total legal costs faced by Burke are estimated to be in the region of €600,000.
The case has drawn significant media attention, with reporting on multiple hearings, rulings, and Burke’s repeated imprisonment for contempt of court. In March 2023, Burke and several family members were forcibly removed from the Court of Appeals after disrupting proceedings, as reported by Joe.ie.
