The Fifth Court - Ireland's legal podcast

Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141On 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 judgeThis 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 140On 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 transferSponsored 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 justiceIn 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 themesJudicial review and the reality behind infrastructure delay claimsProposed scale fees and their practical impact on applicantsEnvironmental litigation, expert evidence and cost recoveryFairness, constitutional rights and public law accountabilityDecisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors):Doyle v Buckley – payment out of client funds following prolonged costs disputesCriminal Assets Bureau v Humphreys – freezing orders where funds are partly taintedCriminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applicationsAlsoNominations 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 & DemocracyFormer 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 Troublesthe courage of lawyers and judges who upheld the rule of law at personal riskthe Good Friday Agreement and constitutional changethreats to democracy and judicial independence todayA 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 LawIn 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.comStill 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 AgreementLegacy inquests, including Ballymurphy and the StardustThe “hooded men” case and the meaning of torture under international lawActing in controversial cases and for unpopular clientsThe Northern Ireland Legacy Act and why it has united opposition across communitiesThe role of lawyers when democratic institutions collapse or stallThe episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining:Company winding-up due to irretrievable breakdown between foundersSentencing in historic sexual offence casesSupreme Court rulings on compelled password disclosure and constitutional rightsThe 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 RightsThis 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 convictionE v E – relocation of children to the United Kingdom permitted despite the children's stated wishesGarnishee 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 RightsPart 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, includingEnforcement of a Danish arbitral award, with late-stage objections refusedJudicial review refused of a decision not to transfer a prisoner to an open prisonSecurity 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 PlanetIn 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 leadershipOn 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 HamiltonPlus, 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 CourtCo-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 CourtRecorded 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 CourtElizabeth 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 BeradtBefore 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 CommissionDr. 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 IrelandA 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 redlinesThe rule of law and the right to self-defenceA call to action underneath the historyIf 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 witnessThe 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 basisListen 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 CourtJohn 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 PlanListen 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 FestivalRecorded 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 findingA case where a child was not entitled to special care as all other options had not been exhaustedA 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 LingersOn 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 MacArthurThe unsettling contradictions at the heart of the man and the murdersAnd the personal and ethical tightrope of writing about someone capable of extreme violenceHe 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 solicitorsA Judicial Review of a Compulsory Purchase Order of a farm brought against a Local AuthorityAnd, 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'BrienHis 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 includeA Personal Injuries case involving the Hotel Kilkenny and a claim about a wet floorA case where a businessman breached several equitable reliefsA 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 includeA case involving a failure to comply with a court orderA wind turbine operation restriction to minimise noise, particularly at nightA 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 CambodiaShe later worked with the UNHCR in DublinThis 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 includeNorthern Ireland administration and whether it was recognised in Ireland - very interesting in terms of law across the two jurisdictionsA 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 CourtRecorded 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 signatureCase regarding airport landing slots in Dublin AirportRevenue 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 FahyJudge 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 HighlightsThe ‘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 MurrinThe 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 lawHe's concerned about legal deserts - areas of the country where there is an absence of legal firms, which causes difficulties in accessing justiceHe is a member of the Order of the Polar Star - he explains how he received this honourHe 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 FermorAlso, 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 HonahanIs 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 MayA 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 CourtHe'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 CrimeJennifer's culture choice, Jane Casey's series of books featuring Maeve Kerrigan, a police officer, solving crimes.ALSO, Why the Moon Travels, by Oein DeBhairduinYou'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.

Episode 111 The Fifth CourtDSBA 'Podcast of the Year'Patrick Costello, barrister and former Green Party TD and party spokesperson on JusticeHe took the CETA (EU Canada trade agreement involving private courts) case to the Supreme CourtIf haven't delved into these private courts, this is a 'must listen'.His choice of movie: (the brilliant) My Cousin Vinnie - dir. Jonathan Lynn (Patrick wrote an essay about it).His book recommendation: An Inconvenient Genocide: Who Now Remembers the Armenians? by Geoffrey Robertson Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.9 The Fifth Court UNPRECEDENTED - recent interesting cases, including a legal challenge by a pilot against Ryanair, 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.

E110 The Fifth CourtDSBA Podcast of the YearBrendan Slattery, Head of Environment and Planning, McCann FitzGerald solrs. talks to our interlocutors, Peter Leonard, BL, and Mark Tottenham, BL, about the new Planning Act (all 900 pages of it). As Peter says, what Brendan doesn't know about planning law isn't worth knowing. And, as always, there's a back story. He was once a goat farmer.You'll also hear about Elvis Presley's connections with Wicklow.His choice of book is The World for Sale by Javier Blas & Jack Farchy and for a movie he recommends A Complete Unknown, the movie about Bob Dylan. Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.8 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, Hosted on Acast. See acast.com/privacy for more information.

E109 The Fifth CourtA most amusing encounter.Hosts Peter Leonard and Mark Tottenham talk to retired judge Bernard Barton, a fabulous raconteur, about his life and times, including his career as a used car salesman!Bernard Barton is a retired Irish judge who served on the High Court from 2014 until his retirement in March 2021. During his tenure, he was known for his opposition to certain judicial reforms, notably the controversial guidelines proposed by the Judicial Council's Personal Injuries Guidelines Committee. These guidelines aimed to standardise awards in personal injury cases, a move Barton and several of his colleagues resisted. He remains actively engaged in legal discourse, particularly concerning defamation law. He has been a vocal critic of government proposals to abolish juries in High Court defamation cases, arguing that such a move would undermine the role of juries in the judicial process. Beyond this he has expressed concerns about the composition of the High Court bench, suggesting it does not adequately represent a fair cross-section of society. He has also advocated for the utilisation of retired judges to alleviate pressures within the court system, proposing that experienced former judges could be called upon to assist as needed. He recommends a number of movies, including Laurence of Arabia, Gandhi and A Man for All Seasons.His choice of book is 'A sparrow's flight : the memoirs of Lord Hailsham of St. Marylebone' Hosted on Acast. See acast.com/privacy for more information.

E108 The Fifth Court Dr Thom Mohr on Hugh Kennedy, first Attorney General of the Irish Free State and law reformer who had some radical ideas in his time. This is a most entertaining episode, including details of little known attempts by Hugh Kennedy to disrobe judges and re robe them in the Brehon Law style (or what was his interpretation of such)Thomas Mohr is a distinguished legal scholar and educator based in Ireland. He serves as a faculty member at the School of Law, University College Dublin (UCD), where he teaches jurisprudence, evidence law, and the history of public law. His research primarily focuses on legal history, and he has contributed extensively to the field through various publications. Dr. Mohr is an active member of the Irish Legal History Society, having held positions such as Honorary Secretary from 2009 to 2017 and Vice President since 2018.His cultural recommendation is a book, 'A century of courts, The Courts of Justice Act, 1924'Niamh Howlin, editor (Four Courts Press) Hosted on Acast. See acast.com/privacy for more information.

E107 The Law Reform Commission, 50 years oldModernising the law. How we change the law to update it.The programme for work is laid out in conjunction with the Office of the Attorney General.Next year they'll be canvassing the public to find other areas of legislation that might do with some updating.The Irish Law Reform Commission is an independent statutory body responsible for reviewing and recommending reforms to Irish law. Its goal is to ensure that the law is fair, modern, and accessible. The LRC Conducts research and publishes reports on areas of law that may need reform.Consults with legal experts, policymakers, and the public on proposed changes.Recommends legislative reforms to the government to improve clarity, fairness, and efficiency in the legal system.Codifies and consolidates laws to make them easier to understand and apply.The Commission covers a wide range of legal areas, including criminal law, civil law, family law, constitutional issues, and digital law.While its recommendations are not legally binding, they often influence government policy and lead to new legislation.When it comes to cultural recommendations with a legal theme Siobhan recommends the movie 'The Motorcycle Diaries' while Caoilin recommends a book, 'Unlawful Killings', by Wendy Joseph, KC. Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.7 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, Hosted on Acast. See acast.com/privacy for more information.

E106 The Fifth CourtDSBA 'Podcast of the Year'The Fifth Court LIVE! Part II.Presenters Mark Tottenham BL and Peter Leonard BL are joined live at the Law Society by Rachel Stanton, Country Head for Ireland, Simmons & Simmons as well as by James Duggan, Managing Partner, Flynn O'Driscoll Solicitors. They discuss whether a legal Big Bang is currently unfolding at larger law firms in Ireland.Listen back to Episode 105 for Part I - essential listening for anyone in law. Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.6 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, Hosted on Acast. See acast.com/privacy for more information.

E105 The Fifth Court DSBA 'Podcast of the Year'The Fifth Court LIVE! Part I.Presenters Mark Tottenham BL and Peter Leonard BL are joined live at the Law Society by Rachel Stanton, Country Head for Ireland, Simmons & Simmons as well as by James Duggan, Managing Partner, Flynn O'Driscoll Solicitors. They discuss whether a legal Big Bang is currently unfolding at larger law firms in Ireland.Part II on Episode 106. Hosted on Acast. See acast.com/privacy for more information.

E104 The Fifth CourtDSBA Podcast of the YearGriffith & Griffith, the sequel. (Follow on from E57, The Fifth Court) Cyril Griffith Junior talks about what happened next, Simply stunning.Cyril Griffith (son of the original Cyril Griffith) contacted the podcast to give a fascinating background about the case.This one is made for sharing with anyone who has a human pulse. Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.4 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, Hosted on Acast. See acast.com/privacy for more information.

E103 The Lucy Letby Case and the role of 'expert witnesses'Mark Tottenham BL and Peter Leonard BL discuss some complex legal issues around this difficult case that has made international headlines.The Lucy Letby legal case involved a neonatal nurse convicted of the murder of seven infants and the attempted murder of six others at a UK hospital between 2015 and 2016. The case raised significant issues about patient safety, workplace accountability, and the failure of hospital management to act on early warnings from medical staff. Concerns were reportedly dismissed or ignored, allowing Letby to continue working. The trial highlighted the need for stronger systems to address whistleblower concerns and improve oversight in healthcare settings, as well as the psychological and procedural challenges in prosecuting complex cases of this nature.Mark recommends the book, 'Unmasking Lucy Letby: The Untold Story of the Killer Nurse by Judith Moritz, Jonathan CoffeyWith thanks to The Expert Witness Site - The Independent Source of Expert Witnesses https://expertwitnesssite.com Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.4 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, Dublin, who specialise in Family Law, Civil Litigation, Property, Wills and Probate. Hosted on Acast. See acast.com/privacy for more information.

E102 The Fifth Court - Louise O'Donnell, Deputy Chair, The Labour CourtA great story about starting work in the Civil Service at 17 and her subsequent, highly successful, career. She talks about a recently published book, 'A history of the Labour Court 1946- 2021' In 2021, the Labour Court celebrated it's 75th anniversary following its establishment under Industrial Relations Act, 1946As part of this anniversary, the Court has published a history of its seventy-five years of the Labour Court and the central role it has played in the settlement of industrial disputes in Ireland.The Labour Court consists of 10 full-time, members - a Chairman, 3 Deputy Chairmen and 6 Ordinary Members, 3 of whom are Employers' Members and 3 of whom are Workers' Members. The Chairman and the 3 Deputy Chairmen are appointed by the Minister for Enterprise, Trade and Employment. The Employers' Members are nominated by IBEC (Irish Business and Employers' Confederation) and the Workers' Members are nominated by ICTU (Irish Congress of Trades Unions).The Labour Court also has a legal adviser - the Registrar - appointed by the Minister for Enterprise, Trade and Employment. Hosted on Acast. See acast.com/privacy for more information.

A bonus episode, from The Fifth Court team.Episode No.3 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, Dublin, who specialise in Family Law, Civil Litigation, Property, Wills and Probate. Hosted on Acast. See acast.com/privacy for more information.

E101 The Fifth CourtThe second part of an informative and highly entertaining chat with former Mr. Justice Peter Kelly - President of the High Court of Ireland from 2015 to 2020 who was widely recognised for his work in complex commercial and public interest cases. He is reluctantly retired and would have loved to have continued on the bench.His cultural recommendation is the book, A Very English Scandal by John Preston, about the Jeremy Thorpe court case.With thanks to The Expert Witness Site - The Independent Source of Expert Witnesses https://expertwitnesssite.com Hosted on Acast. See acast.com/privacy for more information.