The Fifth Court - Ireland's legal podcast

For more than a century, Ireland's judges shaped the country's politics, business, land ownership and legal system. But who were they? On Episode 153 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by legal historian Daire Hogan, former McCann FitzGerald partner, former President of the Irish Legal History Society and author of the remarkable new book The Judges of Ireland 1866–1921. It's a fascinating conversation about Victorian Ireland, judicial power, Westminster politics, the Four Courts, Home Rule, the birth of the modern legal system and some extraordinary judicial personalities whose influence is still felt today. Along the way they discuss: • why 1877 completely changed Irish courts • the astonishing political influence behind judicial appointments • why some judges nearly sailed on the Titanic • how Irish judges were viewed in London • the origins of today's High Court and Court of Appeal • what legal history tells us about modern Ireland Before Daire Hogan joins Peter and Mark, Mark reviews three important recent decisions from Decisis, kindly brought to listeners with the support of Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate. The featured cases include: Adoption without parental consent Security for costs Legal professional privilege and shareholder rights Hosted on Acast. See acast.com/privacy for more information.

Episode 152 of The Fifth Court features a very special guest: Jimmy Wales, founder of Wikipedia Interviewed by Mark Tottenham BL at Dalkey Book Festival. This is not just a tech-founder interview. It is a fascinating conversation about law, trust, neutrality, rules, evidence, platform responsibility, AI hallucinations, volunteer communities, public knowledge and why Wikipedia has survived while much of the internet has become angrier, noisier and less trusted. Jimmy explains why Wikipedia’s neutral point of view matters, why “assume good faith” is more practical than naïve, how Wikipedia deals with vandalism, why AI can invent very convincing false sources, why WikiNews did not work, and why Wikipedia avoided the advertising model that turned so much of the web into clickbait. Jimmy's cultural recommendation, a book by the late author Ray Bradbury, 'Something Wicked this Way Comes'. Before the interview, Peter Leonard BL and Mark Tottenham BL discuss three recent cases from the Decisis Casebook, sponsored by Charltons Solicitors & Collaborative Practitioners: the Supreme Court on “no foal, no fee” and conditional fee arrangements; a drink-driving blood-specimen chain-of-custody case; and a murder conviction quashed because of an unbalanced judicial charge to the jury. 00:00 – Intro: Episode 152 01:47 – Decisis Casebook sponsor: Charltons Solicitors & Collaborative Practitioners 02:00 – “No foal, no fee” and conditional fee arrangements 03:29 – Drink-driving conviction and blood-specimen chain of custody 04:34 – Murder conviction quashed over judicial charge to jury 06:03 – Jimmy Wales interview begins 06:43 – Why Wikipedia was hard to compete with 07:58 – Neutral point of view and controversial topics 09:49 – How Wikipedia’s rules developed 11:40 – Volunteer communities and optimism about people 15:12 – Why a wiki works for an encyclopedia, but maybe not for poetry 17:03 – Why Wikipedia is vandal-proof 18:30 – Jimmy Wales: “Queen Elizabeth II, not Henry VIII” 20:07 – Arbitration committees and Wikipedia governance 21:24 – Wikipedia in 150–300 languages 23:31 – What workplaces can learn from volunteers 29:06 – Audrey Tang, Taiwan and digital consensus 32:10 – “Assume good faith” 34:25 – ChatGPT, fake ISBNs and made-up legal cases 37:17 – Law enforcement and good faith 39:03 – Why WikiNews did not really work 44:12 – Constitutional change and institutional deadlock 49:37 – Platforms, publishers and free speech 50:25 – Why Wikipedia did not become an ad machine 53:04 – Jimmy Wales’ book recommendation: Something Wicked This Way Comes 54:33 – Outro Hosted on Acast. See acast.com/privacy for more information.

In Part 2 of our extended interview with retired Supreme Court judge Mr Justice Peter Charleton, Peter Leonard BL and Mark Tottenham BL continue a remarkable conversation about life at the Bar, life on the Bench, and life after the Supreme Court. Peter Charleton speaks about the reality of appearing in high-profile criminal cases, the discipline of addressing juries, why a good advocate must be able to hold attention, and why, in court, “your job is basically to stay on the horse”. He discusses the emotional weight of criminal work, the dangers of lawyers mistaking themselves for victims, the Morris Tribunal, the call to the High Court, the pressure of judgment writing, and the move from sitting alone in the High Court to deciding cases with colleagues in the Supreme Court. There is also a fascinating discussion on the length of modern judgments, why digital searches are different from physical searches, how Supreme Court judges deal with disagreement, and whether advocacy still matters in an age of written submissions. And, in a lovely final turn, Peter Charleton reflects on retirement, family, music, film, War and Peace, Clint Eastwood, and why music, in his view, is a higher form of reasoning than law. Before the interview, Mark and Peter discuss three recent cases from the Decisis.ie casebook, with thanks to the sponsor of the Decisis casebook discussion, Charltons Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, who specialise in family law, civil litigation, property, wills and probate. LSRA v O’Brien A solicitor was prohibited from practising in his own right for 10 years following serious misconduct and repeated non-compliance with undertakings. The High Court stressed that its role in reviewing LSRA determinations is not a rubber-stamping exercise. LSRA v Salabi An overseas lawyer seeking to practise in Ireland could not rely on Belgian professional indemnity cover. The court held that the foreign cover did not meet the Irish regulatory requirements. Foreign Births Register citizenship challenge A challenge to the requirement that foreign-born children be registered on the Foreign Births Register before acquiring Irish citizenship was rejected, with the court finding no particular injustice in the requirement. CHAPTERS 00:00 Introduction and Part 2 preview 00:48 Decisis casebook discussion, sponsored by Charltons Solicitors and Collaborative Practitioners 03:49 Peter Charleton interview resumes 04:31 High-profile criminal cases and staying on the horse 05:15 Addressing juries and holding attention 07:13 Worrying about cases and professional regret 08:08 Criminal work, vicarious trauma and perspective 09:03 The Morris Tribunal and Donegal 10:37 The call to the High Court 11:43 Why judging was not easier than being a barrister 13:48 How to write a judgment 15:46 Are modern judgments too long? 18:07 Digital searches and privacy 19:52 Moving from the High Court to the Supreme Court 20:22 Keeping an open mind on appeal 21:30 Overturning colleagues and why it is not personal 23:45 Irish courts, US courts and the politics of judging 26:26 Is great advocacy dead? 28:38 Retirement from the Supreme Court 30:41 Life after the Bench 31:22 Music, law and philosophy 32:47 Film and book recommendations 34:45 Closing thanks Hosted on Acast. See acast.com/privacy for more information.

The Fifth Court marks Episode 150 with Part 1 of a wide-ranging conversation with recently retired Supreme Court judge, Peter Charleton. To mark Episode 150 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Peter Charleton, recently retired from the Supreme Court. In Part 1 of this extended interview, he reflects on republicanism and nationalism, growing up near Seán Lemass and Theodore Kingsmill Moore, music, Trinity, the King’s Inns, devilling with Peter Sutherland, early years at the Bar, criminal law, defending accused persons, and the deeper questions of crime, morality and human nature. It is a thoughtful, personal and sometimes unexpectedly funny conversation with one of Ireland’s best-known jurists. Before the interview, Mark and Peter discuss three recent cases from the Decisis.ie casebook. The Decisis.ie case-law section is sponsored by Charlton Solicitors and Collaborative Practitioners of Dún Laoghaire. Case 1: The High Court quashed a District Court judge’s refusal to convict in speed-limit cases, holding that judges must apply the law rather than substitute their own views on whether limits are fair. Case 2: In DPP v O’Hara, the Court of Appeal upheld a murder and burglary conviction, rejecting challenges to DNA and search-warrant evidence. Case 3: In a Hague Convention child-abduction case, the court refused to return a child to New Zealand because of concerns about the mother’s depression and risk of relapse. This is Part 1 of a two-part interview. Part II will be posted next week. Hosted on Acast. See acast.com/privacy for more information.

Bloomsday Special: The secret political life of James Joyce — and Frank Callanan’s final masterpiece Was James Joyce really apolitical? For decades, many scholars claimed Ireland's greatest writer stood apart from politics. Frank Callanan disagreed. Before his untimely death, the renowned barrister, historian and Parnell scholar spent 25 years researching what became his final work: James Joyce: A Political Life. In this special Bloomsday episode of The Fifth Court, Bridget Hourican joins Peter Leonard and Mark Tottenham to discuss Frank's extraordinary final book, his lifelong fascination with Joyce, Parnell, Irish nationalism, exile, censorship and the political forces that shaped modern Ireland. The conversation also becomes a moving tribute to Frank himself — one of the most beloved and intellectually gifted members of the Law Library. Among the topics discussed: Why Frank spent 25 years researching Joyce The political meaning hidden inside Ulysses and Dubliners Joyce's obsession with Parnell Why Dublin publishers burned copies of Dubliners Joyce, censorship and Irish respectability Why Joyce left Ireland and never truly returned Frank Callanan's remarkable legal and academic career The challenge of completing a 900-page masterpiece after his death For anyone interested in law, literature, Irish history or Bloomsday, this is a fascinating conversation. Book recommendation: James Joyce: A Political Life by Frank Callanan Decisis casebook section sponsored by Charlton Solicitors & Collaborative Practitioners. 1. The runaway truck case Duggan v Logan (Mr Justice Oisín Quinn) A driver was seriously injured when a truck rolled out of a filling station and into traffic with nobody behind the wheel after the driver failed to apply the handbrake. Why it matters: The High Court awarded damages of approximately €128,000 and provides a reminder that leaving a vehicle unsecured can create liability even when the driver is physically absent from the vehicle. 2. Turkish worker wins immigration rights challenge Ozek v Minister for Justice (Mr Justice Simons) A Turkish migrant worker successfully challenged the Minister's refusal to properly backdate an immigration permission. Why it matters: The Court found that EU-derived worker protections had not been correctly applied, reinforcing the importance of protecting migrant workers' rights under European law. 3. Mother and Baby Institutions Redress Scheme Kiernan (otherwise John Duncan Morris) v Minister for Children (Mr Justice Owens) A claimant challenged a decision that certain institutions were not covered by the Mother and Baby Institutions Payment Scheme. Why it matters: The Court held that the legislation should be interpreted more broadly and that the applicant was entitled to seek redress under the scheme. The decision may affect how eligibility is assessed in future claims. Hosted on Acast. See acast.com/privacy for more information.

Episode 148, The Fifth Court Peter Shanley SC on Barristers Direct, legal access and barristers becoming entrepreneurs Peter Leonard BL and Mark Tottenham BL are joined by Peter Shanley SC, founder of Barristers Direct. Peter explains how changes under the Legal Services Regulation Act opened the door to direct access to barristers in non-contentious matters, why Barristers Direct was created, and how the service works for individuals, companies, in-house counsel and solicitors. He also talks family legal dynasty, rugby, the late Peter Shanley, direct access, AI note-taking, probate, employment law, defamation, and why solicitors may actually benefit from the service. The Decisis.ie case-law section, sponsored by Charlton Solicitors & Collaborative Practitioners of George’s Street, Dún Laoghaire, covers: A suspended trade union member allowed to contest an Executive Council election A Hague Convention child-return case involving Ireland and Poland Citizenship refusals based on historic criminal convictions Hosted on Acast. See acast.com/privacy for more information.

ON this episode of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by John O’Donnell SC — one of the Bar’s leading advocates… and one of Ireland’s most quietly brilliant writers. This is a conversation that moves from the Four Courts to the writing desk — and back again. We step into a different courtroom entirely — the imagination. John O’Donnell SC discusses: Winning the Francis McManus Short Story Award Writing Mr. Who — a story inspired by a real criminal case The discipline of writing daily at 6:30am Why short stories thrive in Ireland And his upcoming novel Second Skin This is law, but not as you expect it. We begin, as always, with the Decisis casebook section, sponsored by Charlton Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire, covering: 1. Teaching Council v CD A school principal steals up to €100,000… and is NOT struck off. Why? Gambling addiction, remorse, and the court’s willingness to give a second chance. 2. Pepper Finance Corporation v Ward A default judgment overturned… after SEVEN years. Solicitor misconduct, delay, and “special circumstances” collide. 3. O’Callaghan v O’Callaghan A family hotel empire tears itself apart. Misrepresentation vs arbitration — and why the court said: “Off you go… to arbitration.” Chapters 00:00 – Intro 02:00 – Decisis Sponsor: Charlton Solicitors & Collaborative Practitioners 02:15 – Case 1: Teacher theft & second chances 05:30 – Case 2: Default judgment after 7 years 08:00 – Case 3: Family hotel war & arbitration 10:30 – John O’Donnell SC interview begins 18:00 – From barrister to poet 25:00 – Writing discipline: 6:30am starts 32:00 – Mr. Who: crime, imagination, and narrative 40:00 – Law as inspiration for fiction 50:00 – Poetry reading 57:00 – Fastnet Film Festival & courtroom dramas 01:02:00 – Close Hosted on Acast. See acast.com/privacy for more information.

Your Reputation on Trial — And Why the Rules Are Changing This is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK, and about a legal system that is about to change in a very big way. John Kerr — barrister, defamation specialist, and colleague — joins us to talk about: What it was like living through the Troubles with security at the front gate Why his father became the “Great Dissenter” in the UK Supreme Court The truth about defamation cases — and why juries may be scrapped And what happens when your reputation becomes your livelihood Plus: Three fascinating Decisis cases including dead-person defamation, missing expert witnesses, and multi-million euro stud fees. Decisis is brought to you thanks to Charltons Solicitors and Collaborative Practitioners. defamation law Ireland, jury trials Ireland, Brian Kerr judge, UK Supreme Court law lords, Irish barristers, Paul Tweed defamation, legal podcast Ireland, Fifth Court podcast, Irish courts cases, Decisis cases Ireland, John Kerr barrister, freedom of expression law TIMELINE 00:00 Intro + Decisis sponsor mention 02:00 Defamation after death — can you sue? 05:15 Lost expert witness — trial goes ahead anyway 08:30 Coolmore stud fees — big money, no excuses 12:00 John Kerr — defamation specialist 14:00 Growing up in Northern Ireland during the Troubles 17:00 Armed guards, relocation, and real risk 20:00 The career of Lord Kerr — last Law Lord 25:00 The “Great Dissenter” — why minority judgments matter 30:00 From solicitor to barrister — taking the leap 34:00 Defamation reform — are juries finished? 40:00 Big awards, big problems — reality vs headlines 47:00 International defamation and celebrity cases 50:00 Book & film recommendations Hosted on Acast. See acast.com/privacy for more information.

The "referee" of Irish politics: Verona Murphy on power, pressure and running the Dáil What actually happens when you’re handed the whistle in Irish politics? On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil. This is not a standard political career story. From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle. Inside this conversation: What the Ceann Comhairle actually does (it’s far, far bigger than you think) Why the job is effectively 24/7 How legislation really moves (or doesn’t) inside the Dáil The reality of managing conflict, egos and political theatre Why many TDs don’t understand the system they operate in The truth about independence in Irish politics Plus: Brexit through the eyes of the haulage industry Why respect (or lack of it) is crippling key sectors And the surprising power behind “standing orders” Decisis Case Round-Up (with thanks to our sponsor) This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate. Cases discussed: 1. Student A v Trinity College Dublin Can you stay anonymous if accused of academic misconduct? The High Court says: almost never. 2. Hegarty & Others v Revenue Commissioners Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason. 3. G v G (Child Abduction Case) A 22-month-old taken from the US to Ireland — and the court orders the child back. Subscribe, follow, and share. Because law — like politics — only makes sense when someone explains it properly. Hosted on Acast. See acast.com/privacy for more information.

Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law In this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell. Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings. The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood. The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history. Decisis Case Notes With thanks to Charlton Solicitors & Collaborative Practitioners, sponsors of the Decisis law reports segment. This week’s cases include: Pizzarchi v Kepak Cork Unlimited Company – renewal of a lapsed personal injury summons refused due to deliberate inaction DPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victim Eastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custody Key Timestamps 00:05:54 – Introduction to Mr Justice Brian Cregan 00:23:05 – Parliamentary obstruction and the mechanics of power 00:31:42 – The Pigott cross-examination and the Special Commission 00:37:20 – The O’Shea divorce proceedings and political consequences 00:42:56 – Parnell and O’Connell compared Hosted on Acast. See acast.com/privacy for more information.

Máirín De Búrca is in front of the courts again | The Fifth Court There are some names that belong in the footnotes of Irish history. Máirín De Búrca belongs in the headlines. In this very special episode of The Fifth Court, Peter Leonard and Mark Tottenham visit Máirín at home to talk about a life that took her from Chicago and Newbridge to housing protests, anti-apartheid activism, women’s liberation, prison, and one of the most important constitutional cases of the 1970s. Yes, Máirín De Búrca is in front of the courts again. This time she faces The Fifth Court where she tells the story behind the famous De Búrca and Anderson case, the challenge that exposed the absurdity of all-male, property-owning juries and helped change Irish law for good. This is a warm, funny, vivid and deeply important conversation about activism, law, protest, courage and a very different Ireland. Also in this episode, in the Decisis case round-up, Mark and Peter discuss three striking recent decisions: Kelly v An Bord Pleanála, where approval for a bus stop outside a home was quashed over privacy and safety concerns; Q v O, an interim access case involving a non-parent in a same-sex family despite the absence of a professional report on the child’s wishes; and In Re Tusker Property Holdings, where reckless and fraudulent trading led to personal liability, disqualification and costs orders. The Decisis section is proudly sponsored by Charlton Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate. Hosted on Acast. See acast.com/privacy for more information.

The Barrister Who Quit Law To Handicap Racehorses What kind of person leaves the Law Library… and ends up becoming one of the most quietly powerful men in Irish racing? Garry O’Gorman, that’s who. ON Episode 142 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL meet the former barrister who swapped devilling and district courts for parade rings, pedigrees, handicap marks and the dark arts of Irish flat racing. This is law with a glorious smell of turf, horse sweat and mild institutional mischief. Garry explains: how he went from Trinity, King’s Inns and the Law Library into racing what a handicapper actually does how trainers try to outfox the system why only one horse can win, but 11 people can still blame the handicapper how Ireland became a global bloodstock superpower why racehorses, judges, barristers and forum shopping all belong in the same conversation There is also talk of Phoenix Park Racecourse, Cheltenham, black type, appeals, legal gossip, and the delicious reality that in racing, some people are scandalised by a coup while secretly admiring it. This is not one of your solemn legal episodes. This is The Fifth Court going full gallop. Decisis The Decisis case notes on this week’s episode are supported by Charlton Solicitors and Collaborative Practitioners, George’s Street, Dún Laoghaire. Hosted on Acast. See acast.com/privacy for more information.

Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141 On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr. Justice David Nolan of the High Court. A former Chair of the Bar Council and long-standing advocate, Mr. Justice Nolan reflects on: • The evolution of advocacy in Irish courts • The importance of structured submissions • The independence of the Bar • International advocacy training and the Keble College model • The transition from advocate to judge This episode’s case review is supported by Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate. Cases discussed: DPP v Canavan — Common design and murder conviction appeal GG v HI — Maintenance arrears and post-divorce property orders Probate challenge (Court of Appeal) — Standing in will disputes Hosted on Acast. See acast.com/privacy for more information.

Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140 On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in Irish litigation: expert witnesses are now under real judicial scrutiny. Eavanna FitzGerald joins the show to explain why the traditional word-of-mouth system for sourcing experts is failing practitioners, and how courts are increasingly testing expert independence, competence and compliance with duties. The episode also covers three Decisis.ie cases: • Gorman v Lynch – proprietary / promissory estoppel claim against an estate dismissed as time-barred • Minister for Justice v Balgova – European Arrest Warrant and strict approach to equivalence • Pepper Finance DAC v O’Reilly – possession proceedings remitted due to insufficient proof of debt transfer Sponsored by Charlton Solicitors and Collaborative Practitioners. Follow, subscribe and share. Hosted on Acast. See acast.com/privacy for more information.

Episode 139 | Tom Flynn SC on planning judicial reviews, costs caps and access to justice In Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading planning and environmental law practitioner. The discussion examines the State’s proposal to cap recoverable legal costs in planning judicial reviews, the policy rationale behind the measures, and the potential consequences for access to justice, equality of arms and Ireland’s obligations under the Aarhus Convention. Key themes Judicial review and the reality behind infrastructure delay claims Proposed scale fees and their practical impact on applicants Environmental litigation, expert evidence and cost recovery Fairness, constitutional rights and public law accountability Decisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors): Doyle v Buckley – payment out of client funds following prolonged costs disputes Criminal Assets Bureau v Humphreys – freezing orders where funds are partly tainted Criminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applications Also Nominations are now open for the Irish Law Awards, closing 20 March 2026. Listen and Subscribe on all podcast platforms. Hosted on Acast. See acast.com/privacy for more information.

Episode 138 – Mary McAleese on the Rule of Law, Courage & Democracy Former President of Ireland Mary McAleese joins our hosts of The Fifth Court, Mark Tottenham BL and Peter Leonard BL, for a wide-ranging and deeply thoughtful conversation on the rule of law, human rights, judicial independence and democratic backsliding — drawing on her personal experience as a lawyer, academic and Head of State. Recorded at a special Ireland Rule of Law International event in the Law Society, this episode reflects on: growing up during the Troubles the courage of lawyers and judges who upheld the rule of law at personal risk the Good Friday Agreement and constitutional change threats to democracy and judicial independence today A compelling, humane and at times deeply moving discussion. The episode also includes new cases from the Decisis.ie casebook and these cases are brought to you with thanks to our sponsor, Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate. If you value thoughtful legal discussion, please subscribe, share this episode, and recommend it to a colleague. Hosted on Acast. See acast.com/privacy for more information.

Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law In Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the most prominent human rights lawyers working on the island of Ireland today, Darragh Mackin, partner at Phoenix Law. This live podcast at the Allingham Festival 2025 was sponsored by www.brianjmcmullin.com Still in his thirties, Darragh Mackin has been at the centre of some of the most significant human rights and public law cases of recent decades, north and south of the Border. In this wide-ranging and deeply moving conversation, he discusses the lived reality of human rights litigation, the emotional weight of representing families over decades, and the importance of the rule of law when politics fails. Topics include: The enduring significance of the Human Rights Act and the Good Friday Agreement Legacy inquests, including Ballymurphy and the Stardust The “hooded men” case and the meaning of torture under international law Acting in controversial cases and for unpopular clients The Northern Ireland Legacy Act and why it has united opposition across communities The role of lawyers when democratic institutions collapse or stall The episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining: Company winding-up due to irretrievable breakdown between founders Sentencing in historic sexual offence cases Supreme Court rulings on compelled password disclosure and constitutional rights The Decisis section is proudly supported by Charltons Solicitors, specialists in family law and mediation. Recorded live at the Allingham Festival, Ballyshannon, this episode is a powerful exploration of law, justice and humanity. Hosted on Acast. See acast.com/privacy for more information.

The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges: • Síofra O’Leary, former President of the European Court of Human Rights • Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights. Decisis Casebook segment: Three further Irish decisions are discussed: DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred Presented by Peter Leonard BL and Mark Tottenham BL. Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners. Hosted on Acast. See acast.com/privacy for more information.

The Fifth Court – Part 1: Ireland and the European Court of Human Rights Part 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage. Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems. Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook Three recent Irish decisions are discussed, including Enforcement of a Danish arbitral award, with late-stage objections refused Judicial review refused of a decision not to transfer a prisoner to an open prison Security for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support. Part 2 follows next week. Hosted on Acast. See acast.com/privacy for more information.

Courts, Climate & Common Sense – Austria’s Supreme Court President Georg Kodek on Why the Law Can’t Save the Planet In this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit down with Georg Kodek, President of the Austrian Supreme Court, during the European Law Institute Conference in Vienna. He explains why courts can’t be expected to fix climate change – and why real solutions must come from politics and public conviction, not litigation. From a Peruvian farmer’s lawsuit against German power plants to how TikTok might be used by the Austrian Supreme Court, Kodek discusses the limits of law in global challenges – and why judges must learn to speak to the public again. But first, three fascinating Decisis.ie cases: DPP v Clark – Repeat firearm offender sees sentence increased from 6 to 7½ years. DPP v BK – Conviction of a mother set aside after court finds statements in a safeguarding assessment unreliable. Harford v Commissioner of An Garda Síochána – Judicial review dismissed where a criminal trial was deemed an adequate remedy. Sponsored by Charltons Solicitors & Collaborative Practitioners, specialising in Family Law, Civil Litigation, Property, Wills and Probate. Hosted on Acast. See acast.com/privacy for more information.

The Fifth Court — Episode 133 Presented by barristers Mark Tottenham and Peter Leonard. This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is gaining ground, what makes it work, and how practice culture is changing for clients and lawyers alike. Then Mark and Peter review three recent Decisis cases (case-note segment sponsored by Charltons Solicitors & Collaborative Practitioners): A Court of Appeal judgment on alleged ineffective legal representation. A High Court ruling that quashed a same-day trial conviction on fair-trial grounds. A further decision testing procedural fairness and preparation time in summary proceedings. Clear takeaways — and the practical implications for practitioners and clients. Hosted on Acast. See acast.com/privacy for more information.

LCJ Keegan on the modern courtroom — AI, experts and leadership On Episode 132, The Fifth Court hosts Peter Leonard and Mark Tottenham have rare access to Dame Siobhán Keegan, the Lady Chief Justice of Northern Ireland, to discuss evaluating expert evidence in an age of AI and complex fact-finding, leadership on the bench, and the realities of administering justice in Belfast’s Royal Courts. The episode is recorded with her in the Royal Courts of Justice, LCJ Keegan flags her Macfadyen Lecture on evaluating the expert witness in the modern legal landscape—a timely frame for how courts should approach AI-assisted and technical testimony (provenance, transparency, methodology, limits). Her cultural choice 'Is a River Alive?' by Robert Macfarlane, published by Hamish Hamilton Plus, our case-law segment, drawn from the Decisis.ie casebook, covers a failed attempt to register a New York multi-billion judgment against Argentina in Ireland without locating Irish-sited assets, and the Court of Appeal’s approach to frivolous and vexatious challenges to demolition orders. Sponsored by Charltons Solicitors and Collaborative Practitioners of Dublin Hosted on Acast. See acast.com/privacy for more information.

E131 The Fifth Court Co-host of the Fifth Court, Peter Leonard, BL, met with Kirk Offel at the Dublin Tech Summit, promoter of the 5th Industrial Revolution. 'Data centres are the most important things to be manufactured in the world'. That's Kirk's view and that's just the beginning of this terrific chat about all things AI and Data Centres. Kirk is not your typical tech CEO. From a military family, a former US Navy submariner, nuclear-trained engineer, cancer survivor, and now founder of Overwatch Mission Critical, he brings a mix of discipline, resilience, and purpose to the fast-changing world of digital infrastructure. His company designs and delivers the data centres that make the cloud, AI, and mission-critical systems possible — what he likes to call “the sky for the cloud.” You'll also learn everything you ever wondered about life in a submarine under the ocean...though some of what he's done he can't talk about. Before that, Peter and Mark Tottenham, BL, examine notable recent court decisions featured on Decisis.ie including: A 'Proceeds of Crime' case and whether it should be reopened with new material comes to light? A case full of energy, including a windfarm, a hydrogen plant and turf-cutting. Another planning case, this one regarding an old paint factory that was being used to house migrants. It turned out to be a moot case. Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance. Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach. Hosted on Acast. See acast.com/privacy for more information.

Episode 130 – The Fifth Court Recorded at the Dublin Tech Summit, Peter Leonard BL speaks with Ukrainian Dr. Anna Mysyshyn, a leading expert in AI ethics, regulation, cybersecurity, and digital governance. Anna holds a PhD in Law and an LL.M. in Innovation and Technology, bringing both academic depth and practical insight to one of the most pressing issues facing courts, regulators, and governments worldwide: how to balance innovation with accountability in the age of AI. Before that, they examine notable recent court decisions featured on Decisis.ie including: A claim of 'adverse possession'...and fabricated documents. Judge Nolan declared it a fraud. A case involving an illegal adoption. A claim was made against the religious order that arranged the adoption, as well as against the State. A case where the court was asked to order the Minister for Defence to tell if there had been any side effects from the use of anti-malaria drug, Lariam. Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance. Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach. Hosted on Acast. See acast.com/privacy for more information.

Episode 129 The Fifth Court Elizabeth Winkler is an acclaimed literary critic and investigative journalist whose work spans some of the world’s most respected publications. She chats to Mark Tottenham BL on this episode of the Law Society of Ireland Award Winning Podcast. A graduate of Princeton with a master’s in English literature from Stanford, Elizabeth has built a reputation for fearless, insightful storytelling that challenges received wisdom. In her book Shakespeare Was a Woman and Other Heresies she dives into one of literature’s most incendiary debates—the authorship of Shakespeare—and explores how the controversy reflects wider questions about authority, identity, and who gets to shape history. It's a subject that has intrigued judges and lawyers for centuries. With wit and intellectual rigour, Winkler invites you to question long-held assumptions, making her a captivating guest for any conversation about literature, law, and the power of ideas. Her cultural recommendation is 'The Third Reich of Dreams: The Nightmares of a Nation' written by Charlotte Beradt Before that, they examine notable recent court decisions featured on Decisis.ie including: A case about wills and probate...two wills followed by a codicil that refers to an earlier will. Legal arguments followed. A medical negligence case. A claim that a maternity hospital was negligent in the treatment of a patient. A party to a settlement wasn't happy with her legal team. Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance. Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach. Hosted on Acast. See acast.com/privacy for more information.

E128 The Fifth Court – Drawing the Line: The Story of the Irish Boundary Commission Dr. Cormac Moore – an historian with Dublin City Council’s Historian-in-Residence programme and author of Birth of the Border: The Impact of Partition in Ireland. He is a recognised authority on the politics, personalities, and legal frameworks surrounding the Irish border. It was meant to settle the border between North and South once and for all. Instead, it nearly collapsed the Irish Free State government. On this episode of The Fifth Court, barristers Peter Leonard and Mark Tottenham are joined by historian Dr. Cormac Moore, who explains the secretive, scandal-ridden tale of the Irish Boundary Commission of 1924–25—a political time bomb buried in the Anglo-Irish Treaty. From leaked maps to aborted transfers of land, Dr. Moore lays out how the Commission’s quietly explosive findings were suppressed, how the Free State’s hopes were dashed, and why the whole affair continues to echo in Irish constitutional law and cross-border politics today. Cormac's cultural reference...a movie 'The Treaty' on YouTube, and he also loves 'Amadeus', the movie. Before that, they examine notable recent court decisions featured on Decisis.ie including: An AI case...artificial insemination that is. A case about bull semen and a woman who, it was claimed, was acting as though she were a vet. The Veterinary Council of Ireland got involved. A defamation case where the wrong person was identified as having been on the tax defaulters list. Qualified privilege did not arise. A case involving a medical practitioner who it was said about him, had a persistent delusional disorder. The Medical Council was on one side. Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance. Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach. Hosted on Acast. See acast.com/privacy for more information.

On Episode 127 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Matthew Holmes BL, author of Habeas Corpus: Practice and Procedure. (This is his sixth book!). They delve into the historical roots, practical applications, and enduring importance of habeas corpus in modern Irish law. Everything you need to know in 30 minutes (but you'll still want to buy the book!). He makes mention of a very special case involving the people of Laois. If you're from Laois, or know people from the county, you will have to listen to this, and have a good chuckle. Matthew's culture recommendation is 'D-Day - The Battle for Normandy' by Antony Beevor. His movie choice is 28 Years Later. Before that, they examine notable recent court decisions featured on Decisis.ie including: Ward V DPP re the validity of a certificate by Forensics Science Ireland A case involving a question around a land dispute, and a deposit and whether they got the deposit back? A case involving Starbuck franchise directors and their failure to pay rent. offering expert insight into the evolving Irish legal landscape. Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance. Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach. Hosted on Acast. See acast.com/privacy for more information.

Episode 126, The Fifth Court featuring – Catastrophe: Nakba II with author Fintan Drury (Legal & Human Rights Special) Fintan Drury’s Catastrophe: Nakba II is a punch in the gut—not a balanced history lesson. On The Fifth Court, we dig into the polemical argument beneath the exhaustive research, and why it reads more like a rallying cry than a neutral narrative. As a lawyer, judge, or rights campaigner, you’ll find it both infuriating and illuminating. Expect: Legal flashpoints and human rights redlines The rule of law and the right to self-defence A call to action underneath the history If you care about international law, ending impunity, or simply understanding how history becomes a platform for justice, this episode is for you. Listen, discuss, and REPOST this episode to your network—because silence isn't an option. The episode also includes recent important cases drawn from the Decisis casebook, discussed by hosts Mark Tottenham BL and Peter Leonard BL. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. This episodes cases include; A family law case, whether a court can interfere in the sequence of calling a witness The National Transport Authority v Anderson, whether the NTA was allowed to carry out a 'covert' investigation Veterinary Council of Ireland case to do whether a vet could be struck off on a summary basis Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review! Hosted on Acast. See acast.com/privacy for more information.

Episode 125 The Fifth Court John Brennan ran America’s most secretive operations as CIA director. Now he’s sharing what he learned about balancing intelligence, justice, and democracy. From briefing presidents to confronting terror, Brennan gives The Fifth Court a rare insider’s view—and explains why Ireland’s Centre for Justice and Law Reform Summer School 2025 could shape vital global conversations. The Fifth Court co-presenter Peter Leonard seized his chance to get a rare interview with this world player. Fascinating. The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL. These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. This episodes cases include; Were the Garda Siochana justified in refusing station bail following an arrest for an alleged breach of a barring order 'Passing off', Yoplait V Nutrica (maker of Danone) Mount Salus Residents V An Bord Pleanala involving a County Development Plan Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review! Hosted on Acast. See acast.com/privacy for more information.

Conversation from the Bench, Retired Judge Alice Doyle at the Inaugural Kilkenny Law Festival Recorded live at the Kilkenny Law Festival, this special episode of The Fifth Court — recent Merit Award winner of the Law Society of Ireland's Awards — features a wide-ranging conversation with Retired Circuit Judge Alice Doyle. With over two decades on the bench, Judge Doyle shares rare insights into the pressures of presiding over criminal, family, and civil cases across Ireland. She is very self-effacing about her school days and her lack of qualifications early on...however she made up for it later. She discusses the human stories behind the courtroom, including her first time giving a long sentence for a crime, the evolution of legal practice, and life after retirement. A must-listen for legal professionals and court-watchers alike. Her culture recommendation? A movie, 'My Cousin Vinnie'. The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL. These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. This episodes cases include; An appeal of findings of 'professional misconduct' - a solicitor was not happy with a disciplinary hearing finding A case where a child was not entitled to special care as all other options had not been exhausted A case involving a Garda disciplinary issue where the Garda was seeking a Judicial Review Hosted on Acast. See acast.com/privacy for more information.

The Murderer, the Memoirist & the Mystery That Lingers On episode 123 of The Fifth Court, we’re joined by Mark O’Connell, Irish Times contributor and author of the acclaimed A Thread of Violence, his gripping account of the life — and crimes — of Malcolm MacArthur. In conversation with barristers Peter Leonard BL and Mark Tottenham BL, and recorded at the inaugural Kilkenny Law Festival 2025, O’Connell reflects on: The extraordinary access he had to MacArthur The unsettling contradictions at the heart of the man and the murders And the personal and ethical tightrope of writing about someone capable of extreme violence He also shares behind-the-scenes stories and details that didn’t make it into the book — including a few surprises even seasoned observers may not know such as his preoccupation with dust... If you thought you knew the MacArthur story… think again. The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL. These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. This episodes cases include; A professional negligence action against two firms of solicitors A Judicial Review of a Compulsory Purchase Order of a farm brought against a Local Authority And, a Summary Judgement case involving a loan that had a number of previous 'owners'. Listen now wherever you get your podcasts or at thefifthcourt.ie #TheFifthCourt #IrishCrime #TrueCrimePodcast #LegalPodcast #MarkOConnell #ATreadofViolence #MalcolmMacArthur #IrishLaw #TrueCrimeIreland #IrishWriters #BarristersView #PodcastRecommendation #LinkedInVoices Hosted on Acast. See acast.com/privacy for more information.

E122 The Fifth Court Frank McNally, author of Irish Times 'An Irishman's Diary', on Bloomsday, June 16th 1904 - The many legal themes running through one of the great English language books. His cultural recommendation, 'The Third Policeman', by Flann O'Brien His movie choice is 'All the President's Men' The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL. These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. Cases include A Personal Injuries case involving the Hotel Kilkenny and a claim about a wet floor A case where a businessman breached several equitable reliefs A judgement debt that had not been extinguished by a previous settlement agreement Hosted on Acast. See acast.com/privacy for more information.

Episode 121 of The Fifth Court is the first of a mini-series of the podcast recorded at the Kilkenny Law Festival 2025, held from May 16–18 in Kilkenny City. It offered a dynamic weekend of discussions on contemporary and historical legal topics aimed at making legal discourse accessible and engaging, blending serious analysis with entertainment - a bit like our own podcast! The event featured a diverse lineup of speakers, including judges, journalists, academics, and legal practitioners. Topics ranged from the impact of AI and blockchain on the legal profession to discussions on censorship, defamation, and constitutional reform. On this episode co-host Peter Leonard chats to Ms Justice Marguerite Bolger, appointed as a Judge of the High Court in January 2022. She is very well known for work in employment and equality law. She co-authored seminal legal texts such as Criminal Law (with Peter Charleton and Paul Anthony McDermott), Sex Discrimination and the Law, and Employment Equality Law and served as Chairperson of the Employment Bar Association of Ireland as well as being a member of the executive board of the Irish Council for Civil Liberties. Notable Judgments: In a 2024 case, emphasized the importance of firsthand recollections in traumatic events, stating that assumptions about memory fading shouldn't apply to unusual incidents like witnessing a death outside a nightclub. In 2025, ruled that a plaintiff's claim regarding defective breast implants was sufficiently pleaded, allowing the case to proceed. Her cultural recommendation, 38 Londres Street: On Impunity, Pinochet in England and a Nazi in Patagonia (2025) by Phillipe Sands. He examines the cases of Augusto Pinochet and Nazi officer Walther Rauff, highlighting issues of impunity and international justice. The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL. These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. Cases include A case involving a failure to comply with a court order A wind turbine operation restriction to minimise noise, particularly at night A High Court decision involving a Norwich Pharmacal Order, a type of court order compelling a third party—usually an innocent but involved party, like an internet service provider, bank, or social media platform—to disclose information that can help identify a wrongdoer. Hosted on Acast. See acast.com/privacy for more information.

Dr. Ciara Smyth, a distinguished lecturer at the School of Law at University of Galway She is the Programme Director for the LLM in International Migration and Refugee Law and Policy at the Irish Centre for Human Rights. Her expertise lies in the areas of asylum law, refugee protection, and human rights. She talks about her very early experiences in post Pol Pot Cambodia She later worked with the UNHCR in Dublin This episode is essential listening for anyone and everyone who would like to know how both the refugee and international protection systems work. Ciara's legal/cultural recommendation is a movie called 'The Swimmers' The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. Case include Northern Ireland administration and whether it was recognised in Ireland - very interesting in terms of law across the two jurisdictions A case involving the demolition of historic properties and an assessment that was not carried out. The sale of farmland and an injunction that was sought, claiming the land was being sold under its correct value. Hosted on Acast. See acast.com/privacy for more information.

E119 The Fifth Court Recorded at the University of Galway recording studios. Hosts Peter Leonard BL and Mark Tottenham BL talk to Diarmuid J. Connolly BL (kind of 'Father of the Mayo Bar' but he's keen to correct that misnomer) a practising barrister based in County Mayo. Former UCG student Peter along with Diarmuid, start with a bit of reminiscing - including a story about men in UCG monitoring the purchase of condoms. However, Mark guides them back to the law. He has been a member of the Bar of Ireland since 1995. In recent years, he has been actively involved in advocating for the restoration of criminal legal aid fees to their 2011 levels. He participated in protests and strikes in Castlebar, highlighting the challenges faced by criminal barristers due to fee reductions under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. Connolly emphasized that the issue is not solely about rates but about ensuring equality and sustainability within the legal profession. Diarmuid's cultural recommendations are Anthony Bourdain, Kitchen Confidential: Adventures in the Culinary Underbelly (he's a keen cook) and for a movie he tips the hat to 'Withnail and I'. The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin. A potentially forged signature Case regarding airport landing slots in Dublin Airport Revenue case regarding a quarry and a tax liability Hosted on Acast. See acast.com/privacy for more information.

E118 The Fifth Court featuring retired judge Mary Fahy Judge Mary Fahy retired from the Irish District Court on January 31, 2025, concluding a distinguished 31-year judicial career. Appointed to the bench in the early 1990s, she served in various jurisdictions, including Dublin and Galway, and was known for her commitment to accessible justice and her forthright approach to the law.Law Career Highlights The ‘C’ Case: In the late 1990s, Judge Fahy presided over the high-profile 'C' case, involving a 13-year-old girl who became pregnant after rape and sought to travel abroad for an abortion. Judge Fahy ruled in favor of the girl's right to travel, a decision later upheld by the High Court. This case attracted significant attention and was the only instance where she recalled receiving hate mail during her career. Aran Islands Court Sittings: Demonstrating her dedication to community-based justice, Judge Fahy traveled by ferry to Inis Mór three times a year to hold court sessions in both English and Irish, addressing cases from all three Aran Islands. She believed these sittings were vital for ensuring that island residents felt connected to the justice system. Golfgate Trial: In 2022, she presided over the 'Golfgate' trial, swiftly dismissing charges against former senator Donie Cassidy and others after a brief deliberation, stating that the prosecution had failed to establish a prima facie case. As always guests are asked for their (sometimes) legally based recommendations for books or movies. Judge Fahy proposed the movie Fargo and a book , The Coast Road, by Alan Murrin The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners Hosted on Acast. See acast.com/privacy for more information.

E117 The Fifth Court throws the spotlight on one of the country's most colourful solicitors, Paul Keane, former Managing Partner at Reddy Charlton (where he started at 17 years of age), now a consultant to that firm, as well as having been the Chair of the North Fingal Beekeepers Association! He was originally inspired by Lord Wedderburn and his legal insights. - "Company law has given me some of my best moments in my career" By simply saying 'Yes' led to some big opportunities in European law He's concerned about legal deserts - areas of the country where there is an absence of legal firms, which causes difficulties in accessing justice He is a member of the Order of the Polar Star - he explains how he received this honour He had a beehive outside his office in central Dublin - and wait'll you hear him on bees and the Brehon Laws. Sweet. His cultural recommendation, 'More Than Honey' (a Netflix movie) - and for a book he recommends the writings of Patrick Leigh Fermor Also, our hosts discuss some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors and Collaborative Practitioners of Dun Laoghaire, Dublin. Don't forget the upcoming of the Kilkenny Law Festival 16th - 18th May where will be recording the podcast. Hosted on Acast. See acast.com/privacy for more information.

E116 The Fifth Court - featuring the life and times of the "former" Master of the High Court, Edmond Honahan Is he, was he still Master? He explains how it's down to an EU interpretation. His cultural reference is the book 'Wolf Hall' (Hilary Mantel) because of a scene involving the malign influence of 'international bankers'. Hosts Mark Tottenham BL and Peter Leonard BL start with a brief mention of the upcoming of the Kilkenny Law Festival 16th - 18th May A brief discussion around some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors of Dun Laoghaire, Dublin. Hosted on Acast. See acast.com/privacy for more information.

Episode 115 – The Fifth Court He’s held one of the highest offices in the land, but what’s life really like after the robes are folded away? In this episode, Frank Clarke SC, former Chief Justice, returns to the studio for the second half of his conversation with Mark Tottenham BL and Peter Leonard BL. The discussion moves effortlessly from courtroom anecdotes to reflections on the evolving nature of legal practice—and yes, there’s plenty of dry wit and the kind of behind-the-scenes insight you won’t find in the law books. Whether you're in chambers or just legally curious, this one’s well worth a listen. #TheFifthCourt #LawAndLife #FrankClarkeSC #IrishBar #CourtsOfIreland #JusticeReflections #BehindTheBench #LegalLegends #PodcastForLawyers #MarkTottenham #PeterLeonard #IrishLegalVoices Hosted on Acast. See acast.com/privacy for more information.

Episode 114 The Fifth Court Former Chief Justice Frank Clarke SC - Part I. In this episode, The Fifth Court welcomes none other than Frank Clarke SC, former Chief Justice and one of Ireland’s most respected legal minds. Frank joins Mark Tottenham BL and Peter Leonard BL for a relaxed and entertaining chat that ranges from the inner workings of the Supreme Court to how he’s spending his time back at the Bar. There’s legal insight, a few surprises, and a welcome reminder that even the country’s top judges enjoy a good laugh. Tune in for an episode that’s as thoughtful as it is good fun. #TheFifthCourt #FrankClarke #IrishLaw #LegalPodcast #SupremeCourt #BarOfIreland #JusticeMatters #LawTalks #IrishLegalCommunity #PodcastInterview #MarkTottenham #PeterLeonard Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team. Episode No.12 The Fifth Court UNPRECEDENTED - recent interesting cases, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL. Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin Hosted on Acast. See acast.com/privacy for more information.

E113 The Fifth Court Dr Susan Leahy, University of Limerick, on consent. DSBA 'Podcast of the Year' Hosts Mark Tottenham BL and Peter Leonard BL talks to Susan Leahy, Associate Professor in Law whose primary research interests are in the areas of criminal justice (with particular emphasis on sexual violence and victims of crime) and family law (specifically domestic abuse and marriage). Her thesis was entitled The Rules and Realities of Consent in Irish Sexual Offences Law: Perspectives on Reform and examined the rules relating to consent in Irish sexual offences legislation. She has co-authored two books: Sexual Offending in Ireland: Laws, Procedures and Punishment, (Clarus, 2018) and The Victim in the Irish Criminal Process (Manchester University Press, 2018). She is the director of the BA (Criminal Justice) and director of the Centre for Crime, Justice and Victim Studies (CCJVS). Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team. Episode No.11 The Fifth Court UNPRECEDENTED - recent interesting cases, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL. Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin Hosted on Acast. See acast.com/privacy for more information.

E112 The Fifth Court 'Live' from University of Limerick, hosts Peter Leonard BL and Mark Tottenham BL, are joined by Prof. Jennifer Schweppe, Co-Director, European Centre for the Study of Hate - Everything you need to know about Hate Crime Jennifer's culture choice, Jane Casey's series of books featuring Maeve Kerrigan, a police officer, solving crimes. ALSO, Why the Moon Travels, by Oein DeBhairduin You'll also learn that UL (University Of Limerick) was built around Plassey House, home of (Robert) Clive of India, who amassed enormous personal wealth during his time in India, partly through alleged looting and bribes. He was later investigated by the British Parliament for corruption and enrichment through questionable means (though he was ultimately exonerated). Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team. Episode No.10 The Fifth Court UNPRECEDENTED - recent interesting cases, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL. Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin Hosted on Acast. See acast.com/privacy for more information.