Shows
The Fifth Court - DSBA Legal Podcast of the YearE128 The Fifth Court - The Boundary Commission - 100 years ago. Dr. Cormac Moore, author 'The Root of All Evil: The Irish Boundary Commission'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 his...2025-08-0545 min
The Fifth Court - DSBA Legal Podcast of the YearE125 The Fifth Court - John Brennan, former CIA head at The Centre for Justice and Law Reform Summer School 2025Episode 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 discus...2025-07-0939 min
The Fifth Court - DSBA Legal Podcast of the YearE123 The Fifth Court - Mark O'Connell, author 'A Thread of Violence', on the Malcolm McArthur case - from the Kilkenny Law FestivalThe 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 ca...2025-06-1855 min
The Fifth Court - DSBA Legal Podcast of the YearE121 The Fifth Court - Ms Justice Marguerite Bolger, life and times of a High Court judgeEpisode 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....2025-06-061h 06
The Fifth Court - DSBA Legal Podcast of the YearE119 The Fifth Court - Diarmuid J. Connolly BL (now quite the 'Father of the Mayo Bar' ) - recorded at the University of GalwayE119 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...2025-05-2135 min
The Fifth Court - DSBA Legal Podcast of the YearE110 The Fifth Court - Brendan Slattery, Head of Environment and Planning, McCann FitzGerald solrs.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...2025-03-0636 min
The Fifth Court - DSBA Legal Podcast of the YearE109 The Fifth Court - retired High Court judge, Bernard BartonE109 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...2025-02-2845 min
The Fifth Court - DSBA Legal Podcast of the YearE105 The Fifth Court - LIVE from the Law Society, Part I - Legal Big Bang?, Rachel Stanton, Simmons & Simmons and James Duggan, Flynn O'DriscollE105 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.2025-01-3033 min
The Fifth Court - DSBA Legal Podcast of the YearThe Fifth Court UNPRECEDENTED #5A 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.2025-01-1610 min
The Fifth Court - DSBA Legal Podcast of the YearE103 The Fifth Court - Lucy Letby Case and the role of 'expert witnesses'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...2025-01-0941 min
The Fifth Court - DSBA Legal Podcast of the YearThe Fifth Court UNPRECEDENTED #4A 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.2025-01-0908 minThe Fifth Court - DSBA Legal Podcast of the YearThe Fifth Court UNPRECEDENTED #3A 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.2025-01-0207 minThe Fifth Court - DSBA Legal Podcast of the YearThe Fifth Court UNPRECEDENTED #2A 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.2024-12-2207 minThe Fifth Court - DSBA Legal Podcast of the YearE100 The Fifth Court - Former Mr. Justice Peter Kelly, life and times, Part IE100 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. Just...2024-12-1837 min
The Fifth Court - DSBA Legal Podcast of the YearThe Fifth Court UNPRECEDENTED #1A 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.2024-12-1308 min
The Fifth Court - DSBA Legal Podcast of the YearE99 The Fifth Court - Mick Clifford, author of 'Who Killed Una Lynskey', a complex and unsolved murder from the 1970sE99 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 t...2024-12-1144 min
The Fifth Court - DSBA Legal Podcast of the YearE98 The Fifth Court - Nelofer Pazira, recently completed work on final book of her late husband, journalist, Robert FiskEpisode 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...2024-12-0355 min
The Fifth Court - DSBA Legal Podcast of the YearE97 The Fifth Court - Michael O'Farrell, journalist, on the epic hunt to Michael Lynn to justiceEpisode 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 Leon...2024-11-2642 minThe Fifth Court - DSBA Legal Podcast of the YearE96 The Fifth Court - Judge Grainne Malone talks about the new Irish Court Services podcast commemorating 100 years of the Irish courts.arsEpisode 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 only six months at the bar, 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. Se...2024-11-2133 min
The Fifth Court - DSBA Legal Podcast of the YearE95 The Fifth Court at the Kilkenomics Festival - Money-laundering, White Collar Crime - Marla Dukharan and Bill BlackHosts 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.2024-11-1349 min
The Fifth Court - DSBA Legal Podcast of the YearE93 The Fifth Court - Pascal Pichonnaz, ELI President and Professor at University of Fribourg,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...2024-10-3032 minThe Fifth Court - DSBA Legal Podcast of the YearE90 The Fifth Court - Sisterly, co-founded by Jenny O'Connell, well-known SC turned entrepreneur. Life after the bar.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...2024-09-0324 min
The Fifth Court - DSBA Legal Podcast of the YearE88 The Fifth Court - Expert Witnesses gone bad - Mark Tottenham BL, an expert on expert witnesses talks expert witnessesE88 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...2024-08-2032 min
The Fifth Court - DSBA Legal Podcast of the YearE87 The Fifth Court - Mediation v Litigation - The Peter Leonard interviewE87 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.2024-08-1329 min
The Fifth Court - DSBA Legal Podcast of the YearE86 The Fifth Court - Probate Made Simple, Isabella Hughes, co-founder simpleprobate.ieE86 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...2024-08-0628 min
The Fifth Court - DSBA Legal Podcast of the YearE85 The Fifth Court - Ercus Stewart SC, a barrister since 1970 and a Law Library legendE85 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 Association2024-07-3037 min
The Fifth Court - DSBA Legal Podcast of the YearE84 The Fifth Court - How to fix a dysfunctional housing market - Martin Cooney, solicitor to developersE84 The Fifth CourtHosts Mark Tottenham BL and Peter Leonard BL are joined in studio by solicitor and Partner at Byrne Wallace, Martin Cooney talking about the law and housing development. He thinks he was always was going to be a lawyer having, at the age of 12, drawn up a contract with his own mother, for payments for chores in the family home!He also is in the Army Reserve, something he recommends most highly. He still trains every year, as well as advising many top developers.So what in law what...2024-07-2339 min
The Fifth Court - DSBA Legal Podcast of the YearE83 The Fifth Court - Big Problems with Enduring Powers of Attorney (EPA) - David Byrnes BL and solicitor Flor McCarthy, Founder Director of Solicitors GrowthE83 The Fifth Court Problems have emerged around new legislation around enduring powers of attorney (EPA). On this episode hosts Peter Leonard BL and Mark Tottenham BL discuss these issues, and some solutions, with David Byrnes BL and solicitor Flor McCarthy, Founder Director of Solicitors Growth, Ireland’s largest independent community of mutual support and collegiality for Irish legal professionals. David tells his own personal and poignant story about issues that arose with his own father-in-law. Mark and Peter also discuss three fresh cases from the Decisis.ie fileA tax case whe...2024-07-1640 min
The Fifth Court - DSBA Legal Podcast of the YearE82 The Fifth Court - Kevin O'Higgins, solicitor and scion of one of the country's best known legal familiesE82 The Fifth CourtPeter Leonard BL and Mark Tottenham BL talk to Kevin O'Higgins, solicitor, about his life and times.As he says himself, 'After 40+ years of practising law, I’ve learned a few things along the way!' and he shares some of that knowledge at https://ohigginssolicitors.ie/blogBTW, when he started in law a fax machine was seen as near revolutionary!A sole practitioner he says he's so busy he sometimes turns business away. His recommendations for a legal book, Eu...2024-07-0934 min
The Fifth Court - DSBA Legal Podcast of the YearE81 The Fifth Court - Arko Ganguli - co-founder Legitify, simplifying cross-border transactions, digitalizing notarizationE81 The Fifth CourtSupported by Clio Legal SoftwareHosts Mark Tottenham BL and Peter Leonard BL spoke to Arko Ganguli, co-founder of Letigify, an AI powered solution using audio-video authentication that allows clients to notarize documents online remotely from anywhere, without the hassle of visiting a notary public in person.Arko is a trained lawyer and a legal consultant for over eleven years, working with various clients and organisations in different sectors and domains. He's also a certified mediator and a design thinking practitioner, with a passion for changing...2024-07-0337 min
The Fifth Court - DSBA Legal Podcast of the YearE79 The Fifth Court - Mema Byrne BL - Landlord and Tenant Law (Commercial Sector) expert authorE79 The Fifth CourtHosts Peter Leonard BL and Mark Tottenham BL are joined by barrister Mema Byrne BL, to talk about the 2nd edition of her book, Landlord and Tenant, (Commercial Sector). The three discuss many issues around this area of law in which she works and lectures - but also the road that brought her to law. She worked in banking which she says didn't 'resonate with her at all'. She had a child, needed a job, but not in banking. She did a night course in law - and as she says herself, started...2024-06-1840 min
The Fifth Court - DSBA Legal Podcast of the YearE78 The Fifth Court - The Bloomsday Episode - Hosts Mark Tottenham BL and Peter Leonard BL on Ulysses and the obscenity lawsE78 The Fifth CourtDSBA Legal Podcast of the YearWith thanks to Clio Legal Software.Bloomsday is a celebration of James Joyce's Ulysses, taking place annually on June 16th. The date commemorates the events of the novel, which are set on June 16, 1904. This day is significant because it marks Joyce's first outing with his future wife, Nora Barnacle.The publication of Ulysses itself became a landmark legal case in literary history. The novel was banned for obscenity in several countries, including the United States and the United...2024-06-1030 minThe Fifth Court - DSBA Legal Podcast of the YearE77 The Fifth Court - Krystian Boino, trained Polish judge who runs his solicitor's practice in IrelandE77 The Fifth Court - with @Mark Tottenham BL and @Peter Leonard BLWith thanks to Clio Legal SoftwareSomething you may not have considered. The Polish community, numbering above 100,000, is one of Ireland's largest non-Irish communities. Naturally, they need legal representation and advice. So who do they go to? Krystian Boino obtained his masters degree from the University of Wroclaw, Poland in 2003. By 2006 he had completed a judge’s apprenticeship and successfully passed exams which entitled him to apply for judge vacancies in Poland. Krystian also qualified as a P...2024-06-0336 min
The Fifth Court - DSBA Legal Podcast of the YearE76 The Fifth Court - Senator Barry Ward BL on the powers of local authorities and elected councillorsE76 The Fifth Court DSBA 'Podcast of the Year'With thanks to Clio Legal SoftwareHosts Mark Tottenham BL and Peter Leonard BL interrogate Senator (and former councillor) Barry Ward BL about the powers that local authorities have and the claimed powers of local councillors (especially in the light of claims made in election literature).He discusses all aspects of local authorities including the corruption of the 1990's, the number of elected councillors and whether that could/should be cut, what the office of the new elected Mayor of Limerick might...2024-05-2839 minThe Fifth Court - DSBA Legal Podcast of the YearE75 The Fifth Court - Joe Brolly, life, times and law.E75 The Fifth Court - recorded at the Solicitor's Growth SummitOur hosts, Mark Tottenham BL and Peter Leonard BL are joined by barrister Joe Brolly BL, the well know GAA football analyst who played at senior level for Derry and was a member of that county's only All-Ireland Senior Football Championship winning side in 1993. An entertaining romp through the life and times of the well known lawyer and pundit. About the Northern Troubles, according to Joe his mother always said, 'he started the Troubles'. Having won an All-Ireland he was dispirited and wondered 'Is that i...2024-05-2146 min
The Fifth Court - DSBA Legal Podcast of the YearE74 The Fifth Court - Cynthia Ní Mhurchú BL - Europe, Eurovision and legal life after RTEE74 The Fifth Court with Mark Tottenham BL and Peter Leonard BLFrom Riverdance to the Four Courts, a life after RTE for TV personality turned barrister Cynthia Ni Mhurchú who is hoping for another career pivot as she stands for election for the EU Parliament. Obviously there was discussion with our two hosts about the iconic Eurovision Song Contest night, presented in Dublin by Cynthia and the late Gerry Ryan along with Michael Flatley, 'The Bull McCabe' is how she describes him, and the beautiful Jean Butler. She relives that truly electric evening along with "T...2024-05-1439 min
The Fifth Court - DSBA Legal Podcast of the YearE73 - Pt. 2 'A Century of Irish Courts' - Mr. Justice Gerard Hogan, Supreme Court & Prof. Diarmaid Ferriter, UCDE73 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courtsPart 2. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, the effect of an increase of the number of Supreme Court judges from 3 to 5, the 1937 Constitution ("not the creation of one man [De Valera]"), pushback to the creation of the Office of President, the great understanding of De Valera of constitutional law drafting, "the '37...2024-05-0627 min
The Fifth Court - DSBA Legal Podcast of the YearE72 - Pt. 1 'A Century of Irish Courts' - Mr. Justice Gerard Hogan, Supreme Court & Prof. Diarmaid Ferriter, UCDE72 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courtsPart 1. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, how politicians had to 'tread softly' to keep some of the more conservative lawyers on side, how referrals to the British Privy Council were ended, and on a lighter note, whether Mr. Justice Hogan would have preferred to the Brehon Law type robes that had...2024-04-3040 min
The Fifth Court - DSBA Legal Podcast of the YearE71 The Fifth Court - DSBA 'Legal Podcast of the Year' - Dr. Charles Garavan, UCD Business - The 'Apple Case'.Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BLThe Apple Tax CaseWill they, won't they? Should they, would they?Questions, questions, questions about the now infamous 'Apple tax case' whereby some groups are hoping to make the Irish State accept more than €13bn in taxes they say are owed by the global iPhone maker. Meanwhile the Irish Government is hoping to avoid receiving this massive windfall!It's a case without precedent in Ireland that has given its own windfall to the commentariat....2024-04-2338 min
The Fifth Court - DSBA Legal Podcast of the YearE70 The Fifth Court, Des Geraghty, former SIPTU President and MEP, on the Sinn Fein Funds cases of the 1940s.E70 The Fifth Court Hosts Peter Leonard BL and Mark Tottenham BL entertain a most entertaining guest on this episode. Des Geraghty, a national figure for his work in the trade union movement, former president of SIPTU, one time MEP, a writer, musician and so much more (as you'll hear) joins our two interlocutors to discuss the most interesting cases ( as there were a number) involving the so-called Sinn Fein Funds. The conversation eventually gets to the London based Hurlingham private members club, founded in 1869, and how its history had a direct bearing on where those...2024-04-1637 min
The Fifth Court - DSBA Legal Podcast of the YearE69 The Fifth Court - Liam Herrick, Exec. Director ICCL on Hate Speech legislation plus his work as adviser to Uachtarán na hÉireann (very, very interesting)E69 The Fifth Court with Mark Tottenham BL and Peter Leonard BLLiam Herrick, Executive Director of the Irish Council of Civil Liberties talks about the so-called 'Hate Speech' legislation and how difficult it can be to prosecute and enforce such laws. It's a very timely interview about some of the many complexities that could arise from such legislation, but also about the reasons that the legislation may be needed in the first place.Liam also discusses his three years working as general adviser to Uachtarán na hÉireann, Michael D Higgins. Fa...2024-04-0941 min
The Fifth Court - DSBA Legal Podcast of the YearE68 The Fifth Court - Paul Egan, Partner Mason Hayes & Curran, discusses some of the best known corporate law casesE68 The Fifth CourtWinner Dublin Solicitors' Bar Association Legal Podcast of the YearHosts Peter Leonard BL and Mark Tottenham BL discuss some of the biggest and best known Irish corporate law cases with one of the Big Beasts in corporate law in Ireland, solicitor and Senior Counsel Paul Egan, who has the most fascinating background in theatre, music and music composition. There's even mention of Mike Oldfield, of Tubular Bells fame. We doubt if you knew that about this seriously eminent lawyer?Paul's choice of books for listeners are 'Barbarians...2024-04-0236 min
The Fifth Court - DSBA Legal Podcast of the YearE67 The Fifth Court - Michael Daly, BL, authorE67 The Fifth Court with Peter Leonard BL and Mark Tottenham BLOn this episode, former Garda sergeant now barrister, Michael Daly BL, author of a new book on drink and drug driving in Ireland discusses some of the many legal issues involved in this most contentious area of law.The book a meticulously compiled guide, unravels all the dimensions of drink and drug driving offences offering up the knowledge and insights necessary to navigate this ever-evolving complex area of law. His book draws on judgments of the Superior Courts in this jurisdiction...2024-03-2739 min
The Fifth Court - DSBA Legal Podcast of the YearE66 The Fifth Court - Retired District Justice Olann Kelleher talks to hosts Peter Leonard and Mark Tottenham about Cork, Cocaine and CriminalsE66 The Fifth CourtHosts Mark Tottenham BL and Peter Leonard BL have a most entertaining discussion with retired District Justice, Olann Kelleher, about his fourteen years on the bench in Cork (as well as being on the bench for the historic Munster V All-Blacks match in 1978 - including a classic one-liner from legend Moss Keane). The former judge says there are too many loopholes in our drink/driving laws and they need to be updated. Continuing on the alcohol theme his greatest shock was the abuse suffered by A&E nurses...2024-03-2039 min
The Fifth Court - DSBA Legal Podcast of the YearE65 The Fifth Court - 'Irish Prisons at 107% capacity', '9/10 employers happy to employ ex-prisoners' - Saoirse Brady, Irish Penal Reform TrustE65 The Fifth Court Saoirse Brady, Executive Director of the Irish Penal Reform Trust, joins Peter Leonard BL and Mark Tottenham BL, to talk all things prisons related (including the problems caused by mental health issues in jails - a very, very big problem according to Saoirse). Interestingly, research from Maynooth University is showing that a big majority (9 out of 10) of employers are willing to give ex-prisoners a chance in the workplace, something that may surprise.On the date of recording the Irish Prison System was at 107% capacity.Her recommendations for a book...2024-03-1240 min
The Fifth Court - DSBA Legal Podcast of the YearE64 The Fifth Court - The Legal Final Frontier? Outer Space Law. Zeldine O’Brien BLE64 The Fifth Court, boldly going where no legal podcast has gone before.Hosts Mark Tottenham BL and Peter Leonard BL talk to Zeldine O'Brien BL, a recognised expert in international space law who knows who 'owns' the Moon? What laws do you have to observe if you venture into outer space? Can you sell property on other planets? This is just brilliant, and not at all as straightforward as you may imagine.Zeldine is a practising barrister and holds a Ph.D on international space law. During her years of doctoral research, she...2024-03-0534 min
The Fifth Court - DSBA Legal Podcast of the YearE63 The Fifth Court - two top academics discuss two upcoming referendums - Deirdre McGowan, TUD and Maebh Harding, UCDE63 The Fifth CourtWith two referendums (*see note below) looming, hosts Mark Tottenham BL and Peter Leonard BL invited two top law academics to studio to discuss the issues involved. Deirdre McGowan of TU Dublin and Maebh Harding of UCD are two of the authors of a book, 'Family Law in Context', a textbook for those wishing to study the latest developments in family law. Before the two women discuss the referendums they give an update on developments in family law in Ireland (e.g. very few people seek nullity any more). They say that...2024-02-2846 min
The Fifth Court - DSBA Legal Podcast of the YearE62 The Fifth Court - Northern Ireland Troubles Legacy Act. Solicitor Darragh Mackin, "You wouldn't see the likes of it in Russia"Episode 62, hosts Peter Leonard BL and Mark Tottenham BL, discuss the Northern Ireland Troubles Legacy Act 2023 - an extremely controversial piece of legislation with well-known solicitor Darragh Mackin. "You wouldn't see the like of it in Russia."Darragh Mackin of Belfast based Phoenix Law, has been described as ‘a rising star on the international legal scene. In 2016, Darragh was the first ever Ireland based Lawyer to win, an award at the prestigious London Legal Aid Lawyer of the Year Awards. He has developed a specialist practice in Human Rights, Public Law, Actions against Public Authorities and Inte...2024-02-2036 min
The Fifth Court - DSBA Legal Podcast of the YearE61 The Fifth Court, Helen Dixon, 'Billions of Euro of fines not yet collected', outgoing Data Protection CommissionerE61 The Fifth CourtHosts Peter Leonard BL and Mark Tottenham BL have a wide ranging discussion with outgoing Data Protection Commissioner, Helen Dixon, about all things data protection, including the newest redress arising out of the 2018 GDPR Act, that allows for 'non material damage'. Amongst many insights she gives she says that there is excessive citing of GDPR by companies and organisations regarding access to data. Her office regulates most of the Big Name tech companies due to having their 'control around decision making' in Ireland (regardless of where the bulk of their business...2024-02-1335 min
The Fifth Court - DSBA Legal Podcast of the YearE60 The Fifth Court - Ian Drennan, Chief Executive Officer, Corporate Enforcement AuthorityE60 The Fifth CourtInterlocutors, Peter Leonard BL and Mark Tottenham BL, put the CEO of the Corporate Enforcement Authority, Ian Drennan, under the spotlight.An accountant, Ian worked on the infamous DIRT inquiry during his time with the Comptroller and Auditor General's office and he discusses those times. In 2002 he moved to the nascent Office of Director of Corporate Enforcement, that now employs 80 people. He details the difference between the two bodies, the CEA and ODCE. The CEA has the powers of search, seizure and arrest that may come as a surprise to some...2024-02-0635 min
The Fifth Court - DSBA Legal Podcast of the YearE59 The Fifth Court - The Future of Legal Practice Summit, Part II, The Law Society of Ireland, Sonia McEntee & David PetersE59 The Fifth CourtThe Future of Legal Practice Summit, Part 2, at The Law Society of IrelandOur award winning podcasters, Peter Leonard, BL and Mark Tottenham BL, are joined by solicitors Sonia McEntee (Cavan based) and David Peters (based in Nenagh, Tipperary) to discuss the very real threat to the legal profession in rural Ireland. In this second part of their interview from the Legal Practice Summit they tackle issues such as access to justice as local courts are closed. Peter seems to hark back to the Tipperary town court, that was warmed...2024-01-3042 min
The Fifth Court - DSBA Legal Podcast of the YearE58 The Fifth Court - The Future of Legal Practice Summit, Part I, The Law Society of Ireland, Sonia McEntee & David PetersE58 The Fifth CourtThe Future of Legal Practice Summit, Part 1, at The Law Society of IrelandOur award winning podcasters, Peter Leonard, BL and Mark Tottenham BL, are joined by solicitors Sonia McEntee (qualified 1998, now Cavan based) and David Peters (based in Nenagh, Tipperary) to discuss the very real threat to the legal profession in rural Ireland, as the many large corporate firms are hoovering up top talent, leaving very few young solicitors wishing and choosing to practice their law in smaller towns. It's not all gloom though as you will learn, as lifestyle...2024-01-2339 min
The Fifth Court - DSBA Legal Podcast of the YearE57 The Fifth Court - The curious case of Griffith V Griffith (1944)In a change to the regular podcast format our two co-presenters, Mark Tottenham BL and Peter Leonard BL, discuss a case that has fascinated Mark for years.It's Griffith V Griffith, a case from 1944, that demonstrates the massive shifts in Irish life since that time. It's a case that involves a weekend away in Howth, sex outside marriage, a pregnancy with a tragic outcome, a priest, a 'shotgun' marriage, and finally a most curious twist. It's the stuff of soap operas, but it was all too real at the time.Fascinating.The...2024-01-1635 min
The Fifth Court - DSBA Legal Podcast of the YearE56 The Fifth Court - Martin Bradley, BL on the law around antiquities like the Elgin Marbles caseOn Episode 56 Martin Bradley, an archivist and recently qualified barrister, talks about cultural heritage and the repatriation of cultural artefacts.But first our hosts, Peter Leonard BL and Mark Tottenham BL, asked Martin what made him turn his back on the GLAM sector. The GLAM sector? Listen to find out all about it as well as what the rights and wrongs of ownership of historical artefacts by both public bodies, museums (including Limerick's Hunt Museum) and private persons are. Expect the unexpected as Angelina Jolie also makes a cameo appearance. And for Martin's cultural...2024-01-0937 min
The Fifth Court - DSBA Legal Podcast of the YearE55 The Fifth Court - Mark Garrett, Director General, Law Society of IrelandEpisode 55 The Fifth Court - Ireland's legal podcastOn this episode hosts Peter Leonard BL and Mark Tottenham BL talk to Mark Garrett, two years into his role as Director General of the Law Society of Ireland. This is a fantastic insight into what the challenges for the solicitor's profession may be in the coming years, and what the Law Society is doing to face those challenges.And, as always our hosts delve into the recent judgements from the superior courts, as reported on the Decisis.ie website. Hosted on Acast. See...2023-12-2840 min
The Fifth Court - DSBA Legal Podcast of the YearE54 The Fifth Court - The Devils' Episode - Sarah Reid BL, Aran Grealish BLEpisode 54 The Fifth CourtHosts Peter Leonard BL and Mark Tottenham BL interview Sarah Reid BL (2008) and Aran Grealish BL (2022), about their book The Devil's Handbook. No, not a recipe for magic spells, but an essential primer for those starting out at the bar.Our two hosts also discuss three more current cases from the Decisis.ie Law Reports casebook;A curious Supreme Court decision on an appeal from the Solicitors' Disciplinary Tribunal. A case involving a solicitor taking over another firm and failing to submit the company's accounts (the appeal goes back...2023-12-1940 min
The Fifth Court - DSBA Legal Podcast of the YearE 53 The Fifth Court, Valerie Peart, Principal Pearts Solicitors & Town Agents, (est. 1883)E53 The Fifth Court, presented by Mark Tottenham BL and Peter Leonard BLRunning the same legal practice for 140 years. How do you do it? Pearts is a byword in the Irish legal scene, particularly for its 'Town Agency' practice that represents 850 solicitors right across the country. Founded in 1883 the practice is now run by 4th generation Valerie Peart who discusses her own personal journey into the family legal profession (not a foregone conclusion), setting her own practice where she was happy to do 'house calls' and then running the main family firm. She talks about...2023-12-1235 min
The Fifth Court - DSBA Legal Podcast of the YearE52 The Fifth Court, Aoife Farrelly barrister, Susan Ahern, barrister, on sports arbitrationE52 The Fifth CourtThe world of arbitration in sport. Fantastic insight into the similarities and the differences between how the rules and regulations of different sporting codes are applied, both in Ireland and across the globe. Sports arbitration barristers Aoife Farrelly who has a major involvement with the GAA (and tug-of-war!) is joined by barrister Susan Ahern who has worked with World Rugby at the highest levels, as they explain penalties and processes to our hosts, Peter Leonard BL and Mark Tottenham BL.Our two presenters also discuss three more recent cases...2023-12-0534 min
The Fifth Court - DSBA Legal Podcast of the YearE51 The Fifth Court - Ronan McGreevy co-author, The Kidnapping: A hostage, a desperate manhunt and a bloody rescue that shocked IrelandE51 The Fifth CourtHosts Peter Leonard BL and Mark Tottenham BL talk to Irish Times journalist, Ronan McGreevy, co-author a new book about the 1983 IRA kidnapping of Don Tidey called, 'The Kidnapping: A hostage, a desperate manhunt and a bloody rescue that shocked Ireland'. Now, 40 years after the event, the book comes as a timely reminder of the attempts made by the IRA to subvert the Irish State. The kidnapping also involved the murder by the IRA of two men, one a member of the Irish defence forces as well as a young G...2023-11-2842 min
The Fifth Court - DSBA Legal Podcast of the YearE50 The Fifth Court - Mr Justice Gerard Hogan, The Supreme Court, Part II. 50th anniversary McGee v. The Attorney General [1973] decision.E50 The Fifth Court. Presenters Mark Tottenham BL and Peter Leonard BL continue their chat about the seismic McGee V AG case, fifty years ago, with Supreme Court judge, Mr. Justice Gerard Hogan. (Make sure to listen back to E49 for the first part of this riveting chat). He talks about the David Norris case and its importance.The two also discuss three further cases from the Decisis.ie casebook;A case involving the Government's Food Vision 2030 strategy, a challenge by the Friends of the Irish Environment seeking a judicial review. The court held for...2023-11-2131 minThe Fifth Court - DSBA Legal Podcast of the YearE49 The Fifth Court - Mr Justice Gerard Hogan of The Supreme Court discusses the seismic McGee v. The Attorney General [1973] decision.E 49 The Fifth Court's interlocutors, Peter Leonard BL and Mark Tottenham BL have a fascinating discussion with Mr. Justice Gerald Hogan of the Supreme Court. This is required listening for anyone interested in Irish constitutional law.Fifty years ago, the Supreme Court gave a seismic judgement on the 19th of December 1973 in the McGee v. The Attorney General 1973, a case concerning marital privacy. By a decision of 4 to 1, the court conferred upon spouses a broad right to privacy in marital affairs.Mary McGee was a 27-year-old mother of four, including twins, at the...2023-11-1435 min
The Fifth Court - DSBA Legal Podcast of the YearE48 The Fifth Court - Barry Andrews MEPE48 The Fifth Court with Peter Leonard BL and Mark Tottenham BLBarry Andrews, Dublin MEP and former barrister joins The Fifth Court to talk about his careers as a lawyer, a national and a European politician, his lawyer/politician dad, David Andrews (88) who was Minister for Foreign Affairs during the Good Friday Agreement negotiations and his grandfather Todd Andrews, a veteran of the War of Independence. Barry is very, very interesting about the time when the Troika came to town. Barry's family had been seminal in the foundation of the State and he...2023-11-0941 min
The Fifth Court - DSBA Legal Podcast of the YearE47 The Fifth Court - Tim Ryan, author Housing: A Missed Opportunity - the tangled story of the Kenny Report published by the Irish Government in 1973E47 The Fifth Court - Ireland's legal podcast.Presenters Peter Leonard BL and Mark Tottenham talk to Tim Ryan, former journalist and now author of Housing: A Missed Opportunity that reveals for the first time the tangled story of the Kenny Report published by the Irish Government in 1973 aimed at curbing house prices by capping the price of development land. For a variety of reasons, the report was never implemented largely due to pressure from vested interests including civil servants, developers, the legal profession and farmers. However, there have been continued calls for the...2023-11-0138 min
The Fifth Court - DSBA Legal Podcast of the YearE46 The Fifth Court, Michael O'Flaherty, Director of the EU Fundamental Rights Agency - implementing human rights 'on the ground'..E46 The Fifth Court - Ireland's legal podcastPeter Leonard BL and Mark Tottenham BL talk to E46 The Fifth Court, Michael O'Flaherty, Director of the EU Fundamental Rights Agency - about implementing human rights 'on the ground'.Michael studied in law in UCD, became a solicitor, then trained as a priest, left the priesthood and became a human rights lawyer that led to his current post as well as being an Adjunct Professor of Human Rights Law at Maynooth University.His current favourite book is the The Radetzky March by Joseph...2023-10-2439 min
The Fifth Court - DSBA Legal Podcast of the YearE45 The Fifth Court - Niamh Howlin, Ass. Professor Law UCD - author, a history of barristers in IrelandE45 The Fifth Court - barristers both, Peter Leonard and Mark Tottenham cross examine Niamh Howlin, Ass. Professor of Law at UCD, about her new book, 'Barristers in Ireland, an evolving profession since 1921'.She talks about the not insignificant roles that barristers, practicing and non-practicing, have played in Irish public life. It's the first book of its type to examine the profession from the Turbulent Twenties until the Celtic Tiger years. Who were the stand out barristers? How has their work changed over the years? What was the impact of partition?...2023-10-1333 min
The Fifth Court - DSBA Legal Podcast of the YearE44 The Fifth Court - Former solicitor, barrister now novelist, Andrea CarterE44 The Fifth Court - presented by Mark Tottenham BL and Peter Leonard BL.On this episode they talk to former solicitor (with her own practice one stage), barrister and now crime novelist (she has had six books published to date - with a new one 'in the works'), Andrea Carter about her long and winding career and why she chose the quill over the wig...and they ask how much her extensive legal knowledge informs her characters and her plots? Her books had been under option for big and small screen, so when will we see...2023-10-0333 min
The Fifth Court - DSBA Legal Podcast of the YearE43 The Fifth Court - Barry Creed, Partner, McDermott Creed & Martyn SolicitorsE43 Solicitor Barry Creed shares some of the 20 reflections on the legal year, that he wrote whilst waiting on the apron at Gatwick Airport, due to a delayed flight. He chats with presenters Mark Tottenham BL and Peter Leonard BL about issues including problems recruiting, more demanding staff and clients, working from home, the 'split profession', the SC (senior counsel) title, problems getting and giving briefs, the future for smaller firms and the challenges of running practices outside of Dublin.Barry's cultural references with a 'legal twist' are the movie, 'The Lives of Others' and the...2023-09-2632 min
The Fifth Court - DSBA Legal Podcast of the YearE42 The Fifth Court - Patricia Hickey and Gary Lee, Irish Court Services making courts more inclusiveE42 The Fifth Court - presenters Mark Tottenham BL and Peter Leonard BL, talk to solicitors Patricia Hickey and Gary Lee (who says some very nice things about both podcast and presenters!) of the Irish Courts Service about a new, important, initiative to make the service more accessible and inclusive for people with a wide range of disabilities.We learn about the nuances of wardship in law and the widening of criteria of what comes under wardship. With changes in the law, adult cases will be removed from wardship in three years, but children wardship will continue.2023-09-2035 min
The Fifth Court - DSBA Legal Podcast of the YearE41 The Fifth Court - Rock and Roll, Part 2. Electric Picnic interview w/ Rory Carroll, author Killing Thatcher: The IRA, the Manhunt and the Long War on the CrownE41 The Fifth Court - Part Two of two parts recorded at the Electric Picnic festival where the crowd chanted 'Ooh, aah, Up the Fifth Court!'On this second part, we concentrate on the actual trial of Patrick Magee.Presenters Peter Leonard BL and Mark Tottenham BL interview Rory Carroll author and staff correspondent at The Guardian newspaper.He has just published his latest book 'Killing Thatcher: The IRA, the Manhunt and the Long War on the Crown'. It tells the story of how the Irish Republican A...2023-09-1234 min
The Fifth Court - DSBA Legal Podcast of the YearE40 The Fifth Court - Rock and Roll, Part 1. Electric Picnic interview w/ Rroy Carroll, author Killing Thatcher: The IRA, the Manhunt and the Long War on the CrownE40 The Fifth Court - Part One of two parts recorded at the Electric Picnic festival. Ooh, aah, Up the Fifth Court!Presenters Peter Leonard BL and Mark Tottenham BL interview Rory Carroll author and staff correspondent at The Guardian newspaper.He has just published his latest book 'Killing Thatcher: The IRA, the Manhunt and the Long War on the Crown'. It tells the story of how the Irish Republican Army planted a bomb that exploded at 2:54 a.m. on October 1984, the last day of that year's British Conservative Party Confer...2023-09-0635 min
The Fifth Court - DSBA Legal Podcast of the YearE39 The Fifth Court, Dr. Ian Marder, Restorative Justice expertE39 The Fifth Court, Dr. Ian Marder, Maynooth University, Restorative JusticeOn this episode, Ian Marder talks to hosts Peter Leonard BL and Mark Tottenham BL about the development of restorative justice and restorative practices in criminal justice. His work explores how to reduce the harm caused by crime and criminal justice, and how to identify, communicate and implement humane, evidence-based ways to meet citizen and professional needs in the justice context. And, as usual, Peter and Mark discuss three fresh cases from the Decicis.ie casebook. including:A case concerning a...2023-07-2538 minThe Fifth Court - DSBA Legal Podcast of the YearE38 The Fifth Court - David McKechnie, Life After LawE38 The Fifth Court, presented by Peter Leonard BL and Mark Tottenham BLDavid McKechnie, High Performance, Leadership and Executive Coach & Trainer, talks about life after law. Former commercial law solicitor 'knocked it all on the head' and decided to pursue a work life outside of law as a proponent of NLP, neuro-linguistic programming. He explains 'how he managed to get out of law'.Plus we have three more intriguing legal cases from the Decisis.ie casebook including A forfeiture order in a criminal proceedings.A case involving journalistic privilegeAnd a case...2023-07-1833 minThe Fifth Court - DSBA Legal Podcast of the YearE37 The Fifth Court - Retired High Court judge Deirdre Murphy, 'too many barristers', 'big law firms are fixed on the bottom line'E 37 The Fifth CourtPeter Leonard BL and Mark Tottenham BL ask recently retired High Court judge Deirdre Murphy why she thinks there are too many barristers in the Irish legal system, why she dislikes large law firms, why the State should adopt the model litigant role, what she thinks of the Ireland for Law concept.She tells the terrific story where a judge delivered a 'judgement of Solomon' in a family law case which was very clever indeed.Ms Justice Murphy was appointed to the High Court in 2014 and retired in M...2023-07-1140 minThe Fifth Court - DSBA Legal Podcast of the YearE36 The Fifth Court - Glen Gibbons SC on the highly contentious area of copyright law - presented by Peter Leonard BL and Mark Tottenham BLE 36 The Fifth CourtPresenters Mark Tottenham BL and Peter Leonard BL discuss the latest in copyright law with Glen Gibbons SC who has just published the third edition of his textbook on the subject of copyright.If you don't know what an Anton Piller order is...stay listening.You'll also learn why the word 'probably' may be deemed to be copyright protected.He also touches on Pat McDonagh V McDonalds and another case involving Lidl and high end butcher Philip Warren and more...As always the podcast...2023-07-0432 minThe Fifth Court - DSBA Legal Podcast of the YearE35 The Fifth Court - Michael O'Higgins SC asks 'But is it justice..?' Presented by Mark Tottenham BL and Peter Leonard BLE35 The Fifth CourtMichael O'Higgins SC, probably the best known barrister in the country asks 'But is it justice..?'Presented by Peter Leonard BL and Mark Tottenham BLAn incredible story covering Michael's time as a journalist with Hot Press and Magill magazines. Being told by Magill publisher Vincent Browne that he 'didn't want any writing' and 'Read the Daily Telegraph'.His interview with an up and coming Bertie Ahern. Asking Sinn Fein's Martin McGuinness did he use Durex ('not while in Portlaois Prison). Martin Cahill aka The...2023-06-2741 minThe Fifth Court - DSBA Legal Podcast of the YearE34 The Fifth Court - The 'Eileen Flynn' case, Dr. Donal Coffey NUI Maynooth, explains this extraordinary case to presenters Mark Tottenham BL and Peter Leonard BLE34 The Fifth Court Presenters Peter Leonard BL and Mark Tottenham BL delve into the infamous Eileen Flynn case. Though only dating back to the 1980s, the expert on this case, Dr. Donal Coffey, Ass Prof of Law at NUI Maynooth, explains the facts and the fall out of a teacher who was fired for living with a married man. It sounds like another Ireland but this all happened just forty years ago. Fascinating.Also, three new Decisis.ie cases are discussed:A case involving An Bord Pleanála a...2023-06-2032 minThe Fifth Court - DSBA Legal Podcast of the YearE33 - The Fifth Court - Mark Finan BL & Caroline McGrath BL on CJEU cases around GDPR EPISODE 33 The Fifth Court - Rocker Noel Gallagher is quoted as saying that ‘I think things were better pre-internet, I think that’s a fact’. He may be correct. Because, on this episode we discuss some upcoming landmark cases involving GDPROn E33 it’s co-presenter Peter Leonard BL who dragged the Noel Gallagher quote from the recesses of his mind, he and Mark Tottenham BL, the Law Society award winning podcasters, interview Mark Finan BL and Caroline McGrath BL about a number of decisions around GDPR from the CJEU. These include allowing claims for ‘upse...2023-06-1334 minThe Fifth Court - DSBA Legal Podcast of the YearE32 The Fifth Court - Prof Oonagh Breen & Dr. Noel McGrath BL discuss Chief Baron Palles, forty years an Irish judgeEPISODE 32 The Fifth Court - What?? You’ve never heard of Chief Baron Palles?? Many across the world still live by some of this incredible Irish judge’s rulingsOn E32, presenters Peter Leonard BL and Mark Tottenham BL talk to Professor Oonagh Breen and Dr. Noel McGrath BL, of the Sutherland School of Law at UCD, about the truly incredible Lord Chief Baron of the Exchequer, Christopher Palles, who retired in 1916 after 40 years on the bench in Ireland. In his time he was so famous that he’s included in James J...2023-06-0635 minThe Fifth Court - DSBA Legal Podcast of the YearE31 The Fifth Court Luigi Rea BL and Darren Lalor BL talk strike for the restitution of their professional feesE31 - The Fifth CourtPresented by Peter Leonard, BL and Mark Tottenham BL21'.30""In recent weeks the DPP cannot get Senior Counsel to act in criminal cases, I'm assuming because their fees, relative to other work, are so low." - Luigi Rea, BLLuigi Rea BL (joined the profession in 1977 and Darren Lalor BL (2015) join our hosts Peter Leonard and Mark Tottenham to talk about the 'burning issue' in the Law Library - the campaign to reverse the cuts in legal criminal aid fees. These were cut...2023-05-3035 minThe Fifth Court - DSBA Legal Podcast of the YearE30 The Fifth Court, former Supreme Court judge, John MacMenamim on why he had 'the best job in the world'.E30 The Fifth CourtRetired Supreme Court judge, John MacMenamin joins our hosts Peter Leonard BL and Mark Tottenham BL to talk about what he says is 'the best job in the world', his time in UCD, his colleagues in law including Rory O'Hanlon and James O'Reilly. He reveals he has been doing some research in the British Library, that may or may not lead to a history book. He comments on the use of AI in court. He explains why he travelled to Poland to make his views on the legal system there known and he...2023-05-2335 minThe Fifth Court - DSBA Legal Podcast of the YearE27 The Fifth Court, journalist and author Dominic Carman, son of famous libel lawyer George Carman, talks about Ireland's legal firms and, of course, about his famous dad...Son of George Carman QC (RIP 2001), Dominic Carman, talks to Peter Leonard and Mark Tottenham about his father, at one time one of the biggest names in the British legal system (he defended British Liberal leader, Jeremy Thorpe). He starts by giving his perspective on the growth of international legal firms in Ireland. He predicts larger Irish firms will merge or be taken over...he has a report due soon on www.reportslegal.comDecisis.ie cases include a case involving;Availability of civil legal aid for charities (that is limited to 'natural...2023-05-0239 minThe Fifth Court - DSBA Legal Podcast of the YearE25 The Fifth Court - Fred Logue, solicitor, sometimes seen as David V Goliath in planning casesOn E25 of The Fifth Court presenters Peter Leonard BL and Mark Tottenham BL are joined by solicitor Fred Logue, founder of a Dublin based law firm, FP Logue. They specialise in environment, technology, data protection and information law. Fred is well-known for taking on high-profile cases such as one based on the 'Trichet letter' and the 'NAMA access to information' case. Access to environmental (and other) information is vitally important to him and many of his clients.The presenters also deal with cases from the Decisis.ie casebook. ...2023-03-2338 minThe Fifth Court - DSBA Legal Podcast of the YearE24 The Fifth Court - Bill Holohan solicitor and SC talks mediationE24 The Fifth CourtPresenters Mark Tottenham BL and Peter Leonard BL start by discussing three cases from the Decisis.ie vault, one involving Enoch Burke, another is an asylum case and finally a personal injuries case involving a knife attack on a bus driver.This episode's interview is with Cork based solicitor and SC, Bill Holohan, a larger than life figure in legal circles. He joins The Fifth Court to discuss issues around mediation, but Bill being Bill means the conversation flows widely. Hosted on Acast. See acast...2023-03-1438 minThe Fifth Court - DSBA Legal Podcast of the YearE20 The Fifth Court - Kevin Duffy, Labour Court (retd.)Hosts Peter Leonard BL and Mark Tottenham BL talks all things Labour Court with retired chairman and barrister, Kevin Duffy. Hosted on Acast. See acast.com/privacy for more information.2023-02-1445 minThe Fifth Court - DSBA Legal Podcast of the YearE19 The Fifth Court - Mr. Declan Keane on medical case 'expert shopping'The Fifth Court barrister team of Peter Leonard and Mark Tottenham are joined by medical consultant. Declan Keane, obstetrician, gynaecologist and former Master of the National Maternity Hospital talking about expert witness use in negligence and other medical cases.Our dynamic duo also discuss three more cases from the Decisis.ie casebookOne case involving citizenship rightsAnother, an appeal case, involving the Turf ClubA third case, a harrowing child protection case. Hosted on Acast. See acast.com/privacy for more information.2023-02-0736 minThe Fifth Court - DSBA Legal Podcast of the YearE17 The Fifth Court Stephen Hanaphy BL PhD - curious cases of copyright lawThe Fifth Court Presenters Peter Leonard BL and Mark Tottenham BL (and editor of Decisis.ie) discuss three cases from the Decisis.ie casebook including an application involving 'winterization' of boglands where a windfarm was situated. Was the development authorised or not? The judge decides. Secondly, Conor McGregor defamation case where McGregor used 'abusive and vulgar' language. But, did this include the word 'rat'?Finally, the Enoch Burke case, and a December 2022 judicial decision that is very important.The Big Interview on E17 is with Latin scholar (which becomes relevant...2023-01-2435 minThe Fifth Court - DSBA Legal Podcast of the YearE16 The Fifth Court - Dr. Neil Maddox BL, lecturer NUI Maynooth, on laws around vaccines and personal rightsE16 The Fifth Court, Dr. Neil Maddox BL and lecturer in law at NUI Maynooth talks about the law around vaccines, vaccinations as well as giving us the history of previous Anti-Vax movements.Our dynamic duo of presenters Mark Tottenham BL and Peter Leonard BL also discuss three cases from the Decisis.ie casebook including;A curious extradition case involving two different or additional chargesA second case involved finding the source of €75,000 found in a CAB searchFinally a case called The Medical Council V B about allowing the identity of a doctor to be made public. Ir...2023-01-1730 minThe Fifth Court - DSBA Legal Podcast of the YearE15 The Fifth Court - Ted Harding SC, media law et alE15 The Fifth CourtIreland's Legal Podcast, presented by Mark Tottenham BL and Peter Leonard BL Three cases from the Decisis.ie casebook - the first regarding a contract and the fallout from Covid. The second, a dispute about contaminated molasses involving Glanbia. The third, an extradition case to Lithuania.The Big Interview is with Ted Harding SC, former editor of the Sunday Business Post who discusses media law including privacy cases, defamation cases, tribunals and he touches on the Anglo Irish Bank debacle.Ted has many recommendations for books useful or of...2023-01-1043 minThe Fifth Court - DSBA Legal Podcast of the YearE14 The Fifth Court - Gemma McLoughlin-Burke - life as a Judicial AssistantE14 of The Fifth Court presented by Peter Leonard BL and Mark Tottenham BLOn this episode the dynamic duo discuss three cases from the Decisis.ie casebook;The first is a medical negligence case involving the use of epilepsy medicine during a pregnancy and this case was about the admission of new evidence.The 2nd case is about the liability of either tenant and a management of an apartment complex, where the tenant, who claimed he slipped in a common area, is a member of the management company .The final case is about alleged trespass...2023-01-0432 minThe Fifth Court - DSBA Legal Podcast of the YearE13 The Fifth Court - Claire Bruton BL & Cliona Kimber SCE13 The Fifth Court - Hosts Peter Leonard BL and Mark Tottenham BL talk to Claire Bruton BL & Cliona Kimber SC about the 2nd edition of the book, Employment Equality Law (co-authored by High Court judge, Marguerite Bolger) about changes that have taken place in employment law over the last decade that merited a 2nd edition of this standard essential legal book.Our dynamic presenting duo also discuss three cases from the Decisis.ie casebook including what constitutes a 'marriage of convenience', another regarding the free movement of goods and finally a sexual offences appeal case.2022-12-2743 minThe Fifth Court - DSBA Legal Podcast of the YearE12 The Fifth Court - Frank Buttimer, Cork solicitorE12 - Frank Buttimer, renowned Cork solicitor, associated in the media with his ultra-high profile client Ian Bailey but a criminal lawyer who covers so much more. A fascinating and insightful chat with the one of the legal profession's most colourful characters.He also refers to the Wayne O'Donoghue case, to Marie Farrell's intervention in the Ian Bailey case but of course he devotes much of his chat to the case surrounding the death of Sophie de PlantierPresenters Mark Tottenham and Peter Leonard also discuss two cases from the Decisis.ie casebook of...2022-12-2047 minThe Fifth Court - DSBA Legal Podcast of the YearE11 The Fifth Court - West Cork solicitor Flor McCarthyPresenters Peter Leonard BL and Mark Tottenham BL begin Episode 11, as usual, by looking at 3 interesting cases from the Decisis.ie casebook. All these cases are essential listening for practitioners as well as students of law."These are the problems of success!"The headline interview is with Clonakilty, West Cork based solicitor Flor McCarthy https://www.linkedin.com/in/flormccarthy/ who has held a number of roles in the Law Society. This innovative solicitor is also behind the Solicitors' Growth Organisation that he developed. His love of technology was spurred by the movies of...2022-12-1346 minThe Fifth Court - DSBA Legal Podcast of the YearE10 The Fifth Court, Ursula Kilkelly, Professor and Head of College of Business and Law, UCCE10 The Fifth Court - this episode's VIP guest is Professor Ursula Kilkelly, Head of College of Law and Business UCC and Chair of the Board of Oberstown Children's' Detention Campus - she gives her forthright views on children's rights and legislation and says the State could do far more on behalf of children. A terrific exposition of how children's detention works.Her favourite book / film...she has a number; i) Movie - Feltham Sings (2002) ii) Movie - 'Kids for Cash' (2013) iii) Movie - 'The Client' (1994) iv) Book - The Children Act by Ian McEwan2022-12-0536 minThe Fifth Court - DSBA Legal Podcast of the YearE9 - Sara Phelan SC, Chair of Bar Council, The Fifth CourtEpisode 9 Sara Phelan, Chair of Bar Council, talks about issues facing practitioners and what her aims, as Chair, are. Presenters Mark Tottenham and Peter Leonard also discuss some key judgements drawn from the Decisis.ie casebook.24.30, She wants to achieve that the profession achieves 'relevance to society'26.11 She references the EY report about the profession, with the vast majority of the recommendations being implemented. She mentions one of recommendation, 'The Meitheal' (in this case a loose grouping of barristers), that has been turned down by the Bar Council and...2022-11-2945 minThe Fifth Court - DSBA Legal Podcast of the YearE8 The Fifth Court - Mr. Justice Gerard Hogan and the execution of Erskine ChildersMr. Justice Gerard Hogan talks about the legality of the execution in 1922 of Erskine Childers and about an 'army mutiny' as he describes it.Presenters Mark Tottenham and Peter Leonard also discuss three further recent cases from the Decisis.ie casebook Hosted on Acast. See acast.com/privacy for more information.2022-11-2145 minThe Fifth Court - DSBA Legal Podcast of the YearE7 The Fifth Court - Gerard Groarke BL & Stephen Dowling SC - automating the lawOn Episode 7 barristers Gerard Groarke BL of the 'Paperless Academy' and Stephen Dowling SC of 'Trial View', talk about what they are doing to automate parts of the legal processGerard's recommendations - Ruadhan MacCormaic's book on the Supreme Court is a regular recommendation so Gerard has chosen British barrister, Sarah Langford's book, 'In Your Defence'...and his movie recommendation? He says 'you can't beat My Cousin Vinnie'. We agree. Stephen's book / movie recommendation - PayPal founder Peter Thiel's book (a former Yale law student) And as always our presenters Peter Leonard...2022-11-1543 minThe Fifth Court - DSBA Legal Podcast of the YearE5 The Fifth Court Katherine McGillicuddy BL - The Special Criminal CourtPresenters Mark Tottenham BL and Peter Leonard BL discuss contemporary legal issues. On this illuminating episode, in the light of the 'Hutch Trial', criminal barrister Katherine McGillicuddy BL lifts the lid on what goes on at the Special Criminal Court and issues that the non-jury court has to respond to. Hosted on Acast. See acast.com/privacy for more information.2022-10-3142 min
The Fifth Court - DSBA Legal Podcast of the YearEpisode 3 The Fifth Court - Ireland's legal podcast - Simon Mills SC, medical negligenceOn Episode 3 of The Fifth Court, presenters Mark Tottenham BL and Peter Leonard BL are joined Simon Mills SC (a qualified doctor he was previously RTE's Gerry Ryan's 'on-air' doctor). Having graduated in medicine in TCD - he swears his fellow students appealed his academic results because he hadn't attended his lectures - but after some years he decided he didn't want to be a doctor and returned to study law in UCD. Simon, who has authored two books, is renowned for his work inn medical negligence (aka 'medneg') cases and here he discusses issues arising in...2022-10-1852 min
The Fifth Court - DSBA Legal Podcast of the YearEpisode 2 The Fifth Court - Ireland's legal podcast - Karyn Harty, Partner, DentonsPeter Leonard BL and Mark Tottenham BL, present Ireland's legal podcast, covering major legal cases including;Keating V Shannon Foynes Port Company (Mr Justice Sanfey)DPP V FlynnDPP V KinsellaKaryn Harty spent just shy of 25 years with leading law firm McCann FitzGerald spending many years as a partner. Very recently she left McCann's and joined the Dublin office of the world's largest legal practice, Denton's. She explains why... Hosted on Acast. See acast.com/privacy for more information.2022-10-1143 min
The Fifth Court - DSBA Legal Podcast of the YearEpisode 1 - The Fifth Court legal podcast - VIP guest Mr. Justice Gerard HoganLaunch episode of Ireland's legal podcast brought to you by Law Society of Ireland 'Best Legal Podcast Award' team of Peter Leonard BL and Mark Tottenham BL. This week's VIP guest is Mr. Justice Gerard Hogan discussing the Irish Free State constitution. He also discusses whether judges can be 'neutral' (he gives a very interesting and nuanced answer) and he also gives his recommendations for books and music for those in the legal profession. He singles out Ruadhan Mac Cormaic's book on the Supreme Court for special praise. Hosted on Acast. See acast.com/privacy for more information.2022-10-0448 min