The Fifth Court - Ireland's legal podcast

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.

A bonus episode, from The Fifth Court team.Episode No.2 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.

E100 The Fifth CourtFor its 100th episode, The Fifth Court hosts, Peter Leonard BL and Mark Tottenham BL, had a lengthy, 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 credited with establishing Ireland's Commercial Court in 2004. Under his leadership, the court became internationally renowned for its efficient handling of high-value and complex commercial disputes, boosting Ireland's reputation as a hub for commercial litigation. Justice Kelly earned a reputation for his no-nonsense, efficient, and direct approach in court. He handled high-profile cases, including insolvency matters and cases involving corporate misconduct.Before becoming President of the High Court, he served on the Court of Appeal following its establishment in 2014, contributing to key appellate decisions in Irish law.Born in 1950, he was educated at O'Connell's School and then at University College Dublin (UCD) (via a career in the Civil Service) and later qualified as a barrister from King's Inns. He was appointed a Senior Counsel (SC) in 1986 and a judge of the High Court in 1996.Part II on episode 101.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.

A bonus episode, from The Fifth Court team.Episode No.1 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.

E99 The Fifth Court.Mark Tottenham and Peter Leonard talk to Mick Clifford, author of the best-selling true-crime book, 'Who killed Una Lynskey?'This is the true story of murder and vengeance, a shattered community and a miscarriage of justice that echoes down the decades.In October 1971 nineteen-year-old Una Lynskey vanished near her home in Co. Meath. In the weeks that followed, and on flimsy grounds, Gardaì identify three young local men as suspects. Within days of her body being found, one of the three young men is beaten to death by members of Una's family. The entire sequence of events is a tragedy in a quiet rural community - the wrong men jailed, no one ever facing justice - and becomes one of the most notorious failures in Irish policing and judicial history.Mick is Special Correspondent for the Irish Examiner newspaper and has worked in print and broadcast journalism for over twenty years. He is the author of three non-fiction books, including A Force for Justice: The Maurice McCabe Story, and two crime novels.We are extremely grateful to our sponsors for this episode, Parte and Associates, solicitors, of Baggot Street, Dublin 4, specialists in Elder Law and Mental Health Law Hosted on Acast. See acast.com/privacy for more information.

Episode 98 of The Fifth Court podcast was recorded LIVE at the Allingham Festival in Donegal, on Friday 8 November 2024.Mark Tottenham BL and Peter Leonard BL chatted to the amazing Nelofer Pazira, whose life story is quite extraordinary. She has also has recently completed work on the final book of her late husband, the renowned journalist, Robert Fisk.Nelofer Pazira is a remarkable storyteller, journalist, filmmaker, and humanitarian. Born in Afghanistan, Nelofer's life journey has been one of resilience, creativity, and a relentless pursuit of truth. She may be best known for her critically acclaimed film, "Kandahar", which offered a rare, poignant look into the lives of Afghan women under Taliban rule. Her work combines powerful storytelling with deep cultural insights, bringing voices from the margins to the forefront.As a journalist, Nelofer has been a beacon of truth, using her platform to highlight stories of war, displacement, and the human spirit's resilience. Her writings and speeches continue to inspire action and awareness on global humanitarian issues. Her book, "A Bed of Red Flowers: In Search of My Afghanistan", is a deeply personal memoir that sheds light on the complexities of identity, exile, and belonging—a must-read for those seeking a deeper understanding of Afghanistan's history and culture.Beyond her creative endeavors, Nelofer is a passionate advocate for women's rights, education, and peacebuilding in war-torn regions. Her work reminds us of the power of art and storytelling to foster understanding and change."We are extremely grateful to our sponsors for this episode, Parte and Associates, solicitors, of Baggot Street, Dublin 4, specialists in Elder Law and Mental Health Law."#Storytelling #HumanRights #Filmmaking #Leadership #Advocacy #GlobalVoices Hosted on Acast. See acast.com/privacy for more information.

Episode 97 The Fifth CourtMichael O'Farrell is a journalist for over two decades and has reported widely on matters of public interest from across the globe and at home. He is currently Investigations Editor with The Irish Mail on Sunday. His new book, ‘Fugitive: The Michael Lynn Story,' is the true story of how he tracked down and then interviewed one of Ireland's most notorious fugitives, former solicitor Michael Lynn, an emblem of the craziest days of the Celtic Tiger era. Some of the details Michael O'Farrell talks about to hosts Peter Leonard BL and Mark Tottenham BL may still make some former senior bankers feel very uncomfortable. A fabulous story fabulously told. Hosted on Acast. See acast.com/privacy for more information.

Episode 96 The Fifth Court with Peter Leonard BL and Mark Tottenham BL.On this episode, Judge Gráinne Malone, a former solicitor who also qualified as a barrister but who went on the bench after six months, and who has now served thirteen years as a judge. She talks about the new Irish Courts Service Podcast, an initiative created to commemorate the centenary of the Courts of Justice Act, 1924 that established our modern Courts system. They discuss the various episodes and some curious judgements made in historic cases. Hosted on Acast. See acast.com/privacy for more information.

Hosts Mark Tottenham BL and Peter Leonard BL chat to Marla Dukharan and Bill Black, world experts in White Collar Crime, at an early morning talk at the Kilkenomics Festival. They discuss white collar prosecutions, and the double standards applied to Caribbean countries by the OECD, as well as Bill's book, titled 'The Best Way to Rob a Bank is to Own One' ! Hosted on Acast. See acast.com/privacy for more information.

Episode 94 Aisling Meehan, Agricultural SolicitorIt takes specialist knowledge and understanding to appreciate the problems farmers face today. Every decision is affected by legal, tax and practical considerations specific to farming business. As a qualified solicitor, tax consultant and young trained farmer, Aisling Meehan (ex William Fry) can combine all three aspects to ensure that every decision is in the best interests of the farming business as a whole. Rather than offer a broad range of legal services, the firm specialises solely in agricultural legal and tax matters. As well as operating a niche agricultural law and tax practice from offices located at the home farm, Aisling farms her own land in partnership with her husband. She also writes a weekly legal column for the Farmers Journal.Her office is located in converted farm buildings, is easily accessible and informal in atmosphere. Due to the specialised nature of the work, Aisling Meehan Agricultural Solicitors have farming clients nationwide and is also regularly consulted by other professionals such as solicitors, accountants, auctioneers, bankers and agricultural advisors. Hosted on Acast. See acast.com/privacy for more information.

Recorded at the 2024 ELI (European Law Institute) Annual Conference held at the Kings Inns, Dublin, where Fifth Court presenters, Peter Leonard BL and Mark Tottenham BL, talk to ELI President, Professor Pascal Pichonnaz Professor Pichonnaz earned a Ph.D. that is in published form as ‘Habilitation', a large book on the Law of Set-off. He teaches Contract Law, European Consumer Law, Roman Law and European Private Law at the University of Fribourg. He has been a visiting professor at the universities of Liège, Pisa, Glasgow, Clermont-Ferrand, Rome II, and Paris II, as well as at the Center for Transnational Legal Studies in London.He is admitted to practice law and completed his LL.M. at the University of California (Berkeley). He is also active as an arbitrator in international and national disputes.Peter and Mark explain what has happened to the rundown on recent important cases. Listen to learn. Hosted on Acast. See acast.com/privacy for more information.

Episode 92 The Fifth CourtSir Geoffrey Vos, Master of the Rolls and Head of Civil Justice in England and Wales and ELI Vice-President who attended the European Law Institute (ELI) conference in Dublin.Established in 2011, the ELI emulates the American Law Institute and focuses on advancing all areas of law across Europe and beyond. As the premier Institute of its kind in Europe, ELI brings together over 1,700 jurists – including academics, judges, and practitioners – to enhance legal systems through collaborative projects.Sir Geoffrey Vos was appointed as Master of the Rolls and Head of Civil Justice in England and Wales. In this office, he is President of the Court of Appeal (Civil Division) and leads the delivery and development of civil justice across the jurisdiction. He also has statutory responsibility in relation to the National Archives.Until 10 January 2021, he was Chancellor of the High Court, in charge of the Business and Property Courts of England and Wales. Between 2015 and 2016, he was President of the European Network of Councils for the Judiciary and has been active for many years on behalf of the judiciary of England and Wales in international relations in Europe and beyond.He is an Honorary Fellow of Gonville & Caius College, Cambridge. He is Keeper of the Black Books at Lincoln's Inn. He has had a lifelong interest in social mobility and was Chairman of the Social Mobility Foundation between 2008 and 2011.He was Chairman of the Bar of England and Wales in 2007. Hosted on Acast. See acast.com/privacy for more information.

Episode 91, The Fifth CourtA slightly longer than usual edition of Ireland's favourite podcast as our hosts delve into the light and shade of Arthur Mathews new book, 'Walled In By Hate: Kevin O'Higgins, His Friends and Enemies'. Arthur is well known as co-creator of Father Ted so naturally the talk starts with a chat about the modern sitcom masterpiece, and everybody's favourite Fr. Ted moments.However, more sombrely, the talk then turns to the subject matter of Arthur's latest book, former Minister for Justice, Kevin O'Higgins, who on July 1927, at just thirty-five years old, was assassinated on his way to Mass in Booterstown, Co. Dublin. A reviled figure for anti-Treaty republicans, O'Higgins became the target of particular venom for his vocal support of the Free State government's execution policy during the Civil War, which saw seventy-seven IRA men executed, including the best man at his wedding, Rory O'Connor.If you like this episode please make sure to pass it on to others, and of course, leave a five star review. Hosted on Acast. See acast.com/privacy for more information.

E90 The Fifth Court - The Vacation SittingsContinuing our series of law related interviews whilst regular presenters Peter Leonard BL and Mark Tottenham BL take a well-earned break.Life after the law. On this episode, former Senior Counsel Jenny O'Connell along with her pals Louise O'Riordan and Aoife Matthews, have all given up high-powered 'real jobs' to take the entrepreneurial journey to sell their high-end women's health supplement to the world. Developed solely with the female in mind, because women are not small men – is what they say. And, unbelievably, women were only included in clinical trials only from 1993 onward. And it wasn't until 2022 that complete female anatomy model was created (yes, we thought this was a mistake, but no, it's true.) They're raising funds with a view to expanding into the US (particularly interested in women investors), where they're also planning to manufacture their supplement.This interview was first posted on our sister podcast That Great Business Show with Conall O Móráin. Hosted on Acast. See acast.com/privacy for more information.

E89 The Fifth Court - The Vacation SittingsThis is the third of four vacation sittings of the Fifth Court.On this episode we've teamed up with our sister podcast That Great Business Show again to bring you an interview with Colm O'Reilly, COO Business Post Group, Chairman Newsbrands Ireland, Board member Press Council of Ireland. Colm discusses the laws of defamation and copyright, how it impacts all newspapers and what is in store for the broader newspaper industry, an essential part of a functioning democracy. There are 206 other episodes of That Great Business Show to choose from at www.ThatGreatBusinessShow.com - The Fifth Court will return after its vacation. Hosted on Acast. See acast.com/privacy for more information.

E88 The Fifth Court - The Vacation SittingsThis is the second of four vacation sittings of the Fifth Court. On this episode we hear our Fifth Court co-presenter turned guest, Mark Tottenham BL and an 'expert witness' expert (!) (he's written the books - plural) talk all about the importance of the 'expert witness', but we start with 'expert witnesses' gone bad. It's a long list. We also ask if it's possible to make a living by being an expert witness. This comes from an interview Mark did with the Fifth Court producer Conall O Morain, on Conall's own business podcast, That Great Business Show (find it on Spotify etc). Hosted on Acast. See acast.com/privacy for more information.

E87 The Fifth CourtThis is the first of four vacation sittings of the Fifth Court. On this episode we hear presenter turned guest, Peter Leonard BL and mediator, discuss the virtues of mediation versus litigation, in an interview Peter did recently with Fifth Court producer Conall O Morain, on Conall's own business podcast, That Great Business Show. Hosted on Acast. See acast.com/privacy for more information.

E86 The Fifth Court - DSBA 'Podcast of the Year'On this episode hosts Mark Tottenham BL and Peter Leonard BL are joined by Isabella Hughes, boxer (!) and former legal executive Cosgrove Gaynard Solicitors who has turned co-founder of Simple Probate, inspired by the founder's experience with probate inefficiencies. Talking to solicitors and executors highlighted the need to streamline tasks, boost efficiency, and improve client communication. Their mission is to streamline probate for solicitors with innovative solutions and an intuitive interface that enhances client communication and alignment. Her 'cultural recommendation' is Mary Robinson's book, 'Everybody Matters'She also recommends the movie 'Legally Blonde' as it's the movie that got Isabella interested in law.Our hosts also discuss three more cases from the Decisis.ie casebookAn unfair dismissal claim taken by a woman who was given her P45 when she became pregnant but the defendants claimed the P45 was sent in an 'administrative error'.A pre-trial application to the Central Criminal Court taken under the Criminal Procedure Act 2021A case involving the 'involuntary admission' under the Mental Health Acts Hosted on Acast. See acast.com/privacy for more information.

E85 The Fifth CourtA most entertaining episode of podcast as our hosts Mark Tottenham BL and Peter Leonard BL chat to Law Library legend Ercus Stewart, a barrister for almost fifty five years during which time he has probably been involved in every type of legal case imaginable. The three even touch on Master and Servant law! His membership of associations probably tells a story or two...he's a member of;American Arbitration AssociationChartered Institute of ArbitratorsE.E.L.A. - European Employment Lawyer's AssociationFILA - Franco Irish Lawyers AssociationI.C.C. Arbitration CommitteeI.C.S.I.D. International Centre - ArbitrationInternational Chamber of CommerceIrish Society for Labour LawIrish Sports Council - Anti-Doping CommitteeLondon Court of International ArbitrationPanel member, Law Society Arbitration PanelU.A.E. - Union Des Avocats EuropeensAnd our hosts discuss three more case from the Decisis.ie casebookA proceeds of crime case involving an alleged fraudulent transactionA case where a job offer was revoked following a Garda vetting procedureA case concerning a European arrest warrant, a Croatian and alleged war crimes Hosted on Acast. See acast.com/privacy for more information.