A Co Westmeath 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.
Wilson’s Hospital School initiated the proceedings following Burke’s suspension in August 2022, pending a disciplinary process. The initial dispute stemmed from Burke’s refusal to comply with a request from the then school principal to address a male student by their preferred pronouns. The school later dismissed Burke, though his appeal against that dismissal remains unresolved.
Anthony McMahon, the school’s legal costs accountant, described the adjudication as “unusual,” stating that the school was only seeking to recover “extremely reasonable” costs already covered by its insurer, and which had been “heavily discounted” from standard commercial rates. He emphasized that the case was not about securing damages, but rather covering the expenses “that had to be endured” due to the litigation. “There is no money here, no damages,” McMahon stated.
The litigation, according to McMahon, became increasingly complex due to Burke’s repeated non-compliance with court orders, leading to his multiple incarcerations for civil contempt, the sequestration of his assets, and the development of extensive case law. He noted the proceedings were conducted under “the glare” of media and social media scrutiny, with Burke consistently challenging even minor errors in court documentation.
Burke, appearing via video link from Mountjoy Prison – where he is serving a fifth term of imprisonment for failing to comply with orders to stay away from the school – attempted to adjourn the costs adjudication. He argued that his appeal to the Court of Appeal regarding a May 2023 judgment was “imminent” and should be resolved before the costs were assessed. This request was denied, as the High Court had not issued a stay on its July 2023 costs order.
During Tuesday’s hearing, McMahon detailed various items within the bill of costs. A sum of €101,872 for perform completed prior to the May 2023 hearing was reduced by the insurer to €78,061. He explained that the engagement of two senior counsel was necessitated by the complexity of the case and the frequency of hearings, some of which were scheduled with little notice. Fees for the senior counsel were set at €25,000 each, plus additional fees, while junior counsel received a brief fee of €12,000. McMahon asserted that these fees were “fine.” Notably, 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 his continued non-compliance with orders to remain away from Wilson’s Hospital School. Eight additional bills of costs are currently being drafted. A further costs hearing is scheduled for February 25th, where High Court judge Brian Cregan will assess costs related to a receiver appointed to collect the fines imposed on Burke.
According to a report from MSN, Enoch Burke’s salary is now being directly paid to Wilson’s Hospital School to cover a remaining debt of €15,000 in damages. Additional State funding has also been allocated to the school to enhance security measures due to Burke’s continued presence on school grounds.
