What actually happens when you’re handed the whistle in Irish politics?

On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil.

This is not a standard political career story.

From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle.

Inside this conversation:

• What the Ceann Comhairle actually does (it’s far, far bigger than you think)
• Why the job is effectively 24/7
• How legislation really moves (or doesn’t) inside the Dáil
• The reality of managing conflict, egos and political theatre
• Why many TDs don’t understand the system they operate in
• The truth about independence in Irish politics

Plus:

• Brexit through the eyes of the haulage industry
• Why respect (or lack of it) is crippling key sectors
• And the surprising power behind “standing orders”

Decisis Case Round-Up (with thanks to our sponsor)

This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.

Cases discussed:

1. Student A v Trinity College Dublin

Can you stay anonymous if accused of academic misconduct?

The High Court says: almost never.

2. Hegarty & Others v Revenue Commissioners

Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason.

3. G v G (Child Abduction Case)

A 22-month-old taken from the US to Ireland — and the court orders the child back.

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Because law — like politics — only makes sense when someone explains it properly.

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In this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell.

Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings.

The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood.

The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history.

Decisis Case Notes

With thanks to Charlton Solicitors & Collaborative Practitioners, sponsors of the Decisis law reports segment.

This week’s cases include:

• Pizzarchi v Kepak Cork Unlimited Company – renewal of a lapsed personal injury summons refused due to deliberate inaction
• DPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victim
• Eastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custody

Key Timestamps

• 00:05:54 – Introduction to Mr Justice Brian Cregan
• 00:23:05 – Parliamentary obstruction and the mechanics of power
• 00:31:42 – The Pigott cross-examination and the Special Commission
• 00:37:20 – The O’Shea divorce proceedings and political consequences
• 00:42:56 – Parnell and O’Connell compared 

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There are some names that belong in the footnotes of Irish history. Máirín De Búrca belongs in the headlines.

In this very special episode of The Fifth Court, Peter Leonard and Mark Tottenham visit Máirín at home to talk about a life that took her from Chicago and Newbridge to housing protests, anti-apartheid activism, women’s liberation, prison, and one of the most important constitutional cases of the 1970s.

Yes, Máirín De Búrca is in front of the courts again.

This time she faces The Fifth Court where she tells the story behind the famous De Búrca and Anderson case, the challenge that exposed the absurdity of all-male, property-owning juries and helped change Irish law for good.

This is a warm, funny, vivid and deeply important conversation about activism, law, protest, courage and a very different Ireland.

Also in this episode, in the Decisis case round-up, Mark and Peter discuss three striking recent decisions:

Kelly v An Bord Pleanála, where approval for a bus stop outside a home was quashed over privacy and safety concerns;

Q v O, an interim access case involving a non-parent in a same-sex family despite the absence of a professional report on the child’s wishes;

and In Re Tusker Property Holdings, where reckless and fraudulent trading led to personal liability, disqualification and costs orders.

The Decisis section is proudly sponsored by Charlton Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.

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What kind of person leaves the Law Library… and ends up becoming one of the most quietly powerful men in Irish racing?

Garry O’Gorman, that’s who.

ON Episode 142 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL meet the former barrister who swapped devilling and district courts for parade rings, pedigrees, handicap marks and the dark arts of Irish flat racing.

This is law with a glorious smell of turf, horse sweat and mild institutional mischief.

Garry explains:

• how he went from Trinity, King’s Inns and the Law Library into racing
• what a handicapper actually does
• how trainers try to outfox the system
• why only one horse can win, but 11 people can still blame the handicapper
• how Ireland became a global bloodstock superpower
• why racehorses, judges, barristers and forum shopping all belong in the same conversation
• 
  

There is also talk of Phoenix Park Racecourse, Cheltenham, black type, appeals, legal gossip, and the delicious reality that in racing, some people are scandalised by a coup while secretly admiring it.

This is not one of your solemn legal episodes.

This is The Fifth Court going full gallop.

Decisis

The Decisis case notes on this week’s episode are supported by Charlton Solicitors and Collaborative Practitioners, George’s Street, Dún Laoghaire.

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On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr. Justice David Nolan of the High Court.

A former Chair of the Bar Council and long-standing advocate, Mr. Justice Nolan reflects on:

• The evolution of advocacy in Irish courts

• The importance of structured submissions

• The independence of the Bar

• International advocacy training and the Keble College model

• The transition from advocate to judge

This episode’s case review is supported by Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.

Cases discussed:

• DPP v Canavan — Common design and murder conviction appeal
• GG v HI — Maintenance arrears and post-divorce property orders
• Probate challenge (Court of Appeal) — Standing in will disputes

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On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in Irish litigation: expert witnesses are now under real judicial scrutiny.

Eavanna FitzGerald joins the show to explain why the traditional word-of-mouth system for sourcing experts is failing practitioners, and how courts are increasingly testing expert independence, competence and compliance with duties.

The episode also covers three Decisis.ie cases:

• Gorman v Lynch – proprietary / promissory estoppel claim against an estate dismissed as time-barred

• Minister for Justice v Balgova – European Arrest Warrant and strict approach to equivalence

• Pepper Finance DAC v O’Reilly – possession proceedings remitted due to insufficient proof of debt transfer

Sponsored by Charlton Solicitors and Collaborative Practitioners.

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In Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading planning and environmental law practitioner.

The discussion examines the State’s proposal to cap recoverable legal costs in planning judicial reviews, the policy rationale behind the measures, and the potential consequences for access to justice, equality of arms and Ireland’s obligations under the Aarhus Convention.

Key themes

• Judicial review and the reality behind infrastructure delay claims
• Proposed scale fees and their practical impact on applicants
• Environmental litigation, expert evidence and cost recovery
• Fairness, constitutional rights and public law accountability
• 
  

Decisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors):

• Doyle v Buckley – payment out of client funds following prolonged costs disputes
• Criminal Assets Bureau v Humphreys – freezing orders where funds are partly tainted
• Criminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applications

Also

Nominations are now open for the Irish Law Awards, closing 20 March 2026.

Listen and Subscribe on all podcast platforms.

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Former President of Ireland Mary McAleese joins our hosts of The Fifth Court, Mark Tottenham BL and Peter Leonard BL, for a wide-ranging and deeply thoughtful conversation on the rule of law, human rights, judicial independence and democratic backsliding — drawing on her personal experience as a lawyer, academic and Head of State.

Recorded at a special Ireland Rule of Law International event in the Law Society, this episode reflects on:

• growing up during the Troubles
• the courage of lawyers and judges who upheld the rule of law at personal risk
• the Good Friday Agreement and constitutional change
• threats to democracy and judicial independence today
• 
  

A compelling, humane and at times deeply moving discussion.

The episode also includes new cases from the Decisis.ie casebook and these cases are brought to you with thanks to our sponsor, Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.

If you value thoughtful legal discussion, please subscribe, share this episode, and recommend it to a colleague.

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In Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the most prominent human rights lawyers working on the island of Ireland today, Darragh Mackin, partner at Phoenix Law.

This live podcast at the Allingham Festival 2025 was sponsored by www.brianjmcmullin.com

Still in his thirties, Darragh Mackin has been at the centre of some of the most significant human rights and public law cases of recent decades, north and south of the Border. In this wide-ranging and deeply moving conversation, he discusses the lived reality of human rights litigation, the emotional weight of representing families over decades, and the importance of the rule of law when politics fails.

Topics include:

• The enduring significance of the Human Rights Act and the Good Friday Agreement
• Legacy inquests, including Ballymurphy and the Stardust
• The “hooded men” case and the meaning of torture under international law
• Acting in controversial cases and for unpopular clients
• The Northern Ireland Legacy Act and why it has united opposition across communities
• The role of lawyers when democratic institutions collapse or stall

The episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining:

• Company winding-up due to irretrievable breakdown between founders
• Sentencing in historic sexual offence cases
• Supreme Court rulings on compelled password disclosure and constitutional rights

The Decisis section is proudly supported by Charltons Solicitors, specialists in family law and mediation.

Recorded live at the Allingham Festival, Ballyshannon, this episode is a powerful exploration of law, justice and humanity.

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Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:

• Síofra O’Leary, former President of the European Court of Human Rights

• Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights

This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.

Decisis Casebook segment:

Three further Irish decisions are discussed:

1. DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction
2. E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes
3. Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred

Presented by Peter Leonard BL and Mark Tottenham BL.

Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners.

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Part 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.

Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems.

Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook

Three recent Irish decisions are discussed, including

1. Enforcement of a Danish arbitral award, with late-stage objections refused
2. Judicial review refused of a decision not to transfer a prisoner to an open prison
3. Security for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale

The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support.

Part 2 follows next week.

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In this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit down with Georg Kodek, President of the Austrian Supreme Court, during the European Law Institute Conference in Vienna.

He explains why courts can’t be expected to fix climate change – and why real solutions must come from politics and public conviction, not litigation.

From a Peruvian farmer’s lawsuit against German power plants to how TikTok might be used by the Austrian Supreme Court, Kodek discusses the limits of law in global challenges – and why judges must learn to speak to the public again.

But first, three fascinating Decisis.ie cases:

• DPP v Clark – Repeat firearm offender sees sentence increased from 6 to 7½ years.
• DPP v BK – Conviction of a mother set aside after court finds statements in a safeguarding assessment unreliable.
• Harford v Commissioner of An Garda Síochána – Judicial review dismissed where a criminal trial was deemed an adequate remedy.

Sponsored by Charltons Solicitors & Collaborative Practitioners, specialising in Family Law, Civil Litigation, Property, Wills and Probate.

Hosted on Acast. See acast.com/privacy for more information.

Presented by barristers Mark Tottenham and Peter Leonard.

This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is gaining ground, what makes it work, and how practice culture is changing for clients and lawyers alike.

Then Mark and Peter review three recent Decisis cases (case-note segment sponsored by Charltons Solicitors & Collaborative Practitioners):

• A Court of Appeal judgment on alleged ineffective legal representation.
• A High Court ruling that quashed a same-day trial conviction on fair-trial grounds.
• A further decision testing procedural fairness and preparation time in summary proceedings.

Clear takeaways — and the practical implications for practitioners and clients.

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On Episode 132, The Fifth Court hosts Peter Leonard and Mark Tottenham have rare access to Dame Siobhán Keegan, the Lady Chief Justice of Northern Ireland, to discuss evaluating expert evidence in an age of AI and complex fact-finding, leadership on the bench, and the realities of administering justice in Belfast’s Royal Courts. The episode is recorded with her in the Royal Courts of Justice, LCJ Keegan flags her Macfadyen Lecture on evaluating the expert witness in the modern legal landscape—a timely frame for how courts should approach AI-assisted and technical testimony (provenance, transparency, methodology, limits).

Her cultural choice 'Is a River Alive?' by Robert Macfarlane, published by Hamish Hamilton

Plus, our case-law segment, drawn from the Decisis.ie casebook, covers a failed attempt to register a New York multi-billion judgment against Argentina in Ireland without locating Irish-sited assets, and the Court of Appeal’s approach to frivolous and vexatious challenges to demolition orders.

Sponsored by Charltons Solicitors and Collaborative Practitioners of Dublin

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Co-host of the Fifth Court, Peter Leonard, BL, met with Kirk Offel at the Dublin Tech Summit, promoter of the 5th Industrial Revolution.

'Data centres are the most important things to be manufactured in the world'. That's Kirk's view and that's just the beginning of this terrific chat about all things AI and Data Centres.

Kirk is not your typical tech CEO. From a military family, a former US Navy submariner, nuclear-trained engineer, cancer survivor, and now founder of Overwatch Mission Critical, he brings a mix of discipline, resilience, and purpose to the fast-changing world of digital infrastructure. His company designs and delivers the data centres that make the cloud, AI, and mission-critical systems possible — what he likes to call “the sky for the cloud.”

You'll also learn everything you ever wondered about life in a submarine under the ocean...though some of what he's done he can't talk about.

Before that, Peter and Mark Tottenham, BL, examine notable recent court decisions featured on Decisis.ie including:

• A 'Proceeds of Crime' case and whether it should be reopened with new material comes to light?
• A case full of energy, including a windfarm, a hydrogen plant and turf-cutting.
• Another planning case, this one regarding an old paint factory that was being used to house migrants. It turned out to be a moot case.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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Recorded at the Dublin Tech Summit, Peter Leonard BL speaks with Ukrainian Dr. Anna Mysyshyn, a leading expert in AI ethics, regulation, cybersecurity, and digital governance. Anna holds a PhD in Law and an LL.M. in Innovation and Technology, bringing both academic depth and practical insight to one of the most pressing issues facing courts, regulators, and governments worldwide: how to balance innovation with accountability in the age of AI.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• A claim of 'adverse possession'...and fabricated documents. Judge Nolan declared it a fraud.
• A case involving an illegal adoption. A claim was made against the religious order that arranged the adoption, as well as against the State.
• A case where the court was asked to order the Minister for Defence to tell if there had been any side effects from the use of anti-malaria drug, Lariam.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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Elizabeth Winkler is an acclaimed literary critic and investigative journalist whose work spans some of the world’s most respected publications. She chats to Mark Tottenham BL on this episode of the Law Society of Ireland Award Winning Podcast.

A graduate of Princeton with a master’s in English literature from Stanford, Elizabeth has built a reputation for fearless, insightful storytelling that challenges received wisdom.

In her book Shakespeare Was a Woman and Other Heresies she dives into one of literature’s most incendiary debates—the authorship of Shakespeare—and explores how the controversy reflects wider questions about authority, identity, and who gets to shape history. It's a subject that has intrigued judges and lawyers for centuries. With wit and intellectual rigour, Winkler invites you to question long-held assumptions, making her a captivating guest for any conversation about literature, law, and the power of ideas.

Her cultural recommendation is 'The Third Reich of Dreams: The Nightmares of a Nation' written by Charlotte Beradt

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• A case about wills and probate...two wills followed by a codicil that refers to an earlier will. Legal arguments followed.
• A medical negligence case. A claim that a maternity hospital was negligent in the treatment of a patient.
• A party to a settlement wasn't happy with her legal team.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

Hosted on Acast. See acast.com/privacy for more information.

Dr. Cormac Moore – an historian with Dublin City Council’s Historian-in-Residence programme and author of Birth of the Border: The Impact of Partition in Ireland. He is a recognised authority on the politics, personalities, and legal frameworks surrounding the Irish border.

It was meant to settle the border between North and South once and for all. Instead, it nearly collapsed the Irish Free State government. On this episode of The Fifth Court, barristers Peter Leonard and Mark Tottenham are joined by historian Dr. Cormac Moore, who explains the secretive, scandal-ridden tale of the Irish Boundary Commission of 1924–25—a political time bomb buried in the Anglo-Irish Treaty.

From leaked maps to aborted transfers of land, Dr. Moore lays out how the Commission’s quietly explosive findings were suppressed, how the Free State’s hopes were dashed, and why the whole affair continues to echo in Irish constitutional law and cross-border politics today.

Cormac's cultural reference...a movie 'The Treaty' on YouTube, and he also loves 'Amadeus', the movie.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• An AI case...artificial insemination that is. A case about bull semen and a woman who, it was claimed, was acting as though she were a vet. The Veterinary Council of Ireland got involved.
• A defamation case where the wrong person was identified as having been on the tax defaulters list. Qualified privilege did not arise.
• A case involving a medical practitioner who it was said about him, had a persistent delusional disorder. The Medical Council was on one side.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

Hosted on Acast. See acast.com/privacy for more information.

Matthew's culture recommendation is 'D-Day - The Battle for Normandy' by Antony Beevor. His movie choice is 28 Years Later.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• Ward V DPP re the validity of a certificate by Forensics Science Ireland
• A case involving a question around a land dispute, and a deposit and whether they got the deposit back?
• A case involving Starbuck franchise directors and their failure to pay rent.

offering expert insight into the evolving Irish legal landscape.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

Hosted on Acast. See acast.com/privacy for more information.

Fintan Drury’s Catastrophe: Nakba II is a punch in the gut—not a balanced history lesson. On The Fifth Court, we dig into the polemical argument beneath the exhaustive research, and why it reads more like a rallying cry than a neutral narrative. As a lawyer, judge, or rights campaigner, you’ll find it both infuriating and illuminating.

Expect:

• Legal flashpoints and human rights redlines
• The rule of law and the right to self-defence
• A call to action underneath the history

If you care about international law, ending impunity, or simply understanding how history becomes a platform for justice, this episode is for you.

Listen, discuss, and REPOST this episode to your network—because silence isn't an option.

The episode also includes recent important cases drawn from the Decisis casebook, discussed by hosts Mark Tottenham BL and Peter Leonard BL.

These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• A family law case, whether a court can interfere in the sequence of calling a witness
• The National Transport Authority v Anderson, whether the NTA was allowed to carry out a 'covert' investigation
• Veterinary Council of Ireland case to do whether a vet could be struck off on a summary basis

Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review!

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John Brennan ran America’s most secretive operations as CIA director. Now he’s sharing what he learned about balancing intelligence, justice, and democracy. From briefing presidents to confronting terror, Brennan gives The Fifth Court a rare insider’s view—and explains why Ireland’s Centre for Justice and Law Reform Summer School 2025 could shape vital global conversations. The Fifth Court co-presenter Peter Leonard seized his chance to get a rare interview with this world player. Fascinating.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• Were the Garda Siochana justified in refusing station bail following an arrest for an alleged breach of a barring order
• 'Passing off', Yoplait V Nutrica (maker of Danone)
• Mount Salus Residents V An Bord Pleanala involving a County Development Plan

Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review!

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Recorded live at the Kilkenny Law Festival, this special episode of The Fifth Court — recent Merit Award winner of the Law Society of Ireland's Awards — features a wide-ranging conversation with Retired Circuit Judge Alice Doyle. With over two decades on the bench, Judge Doyle shares rare insights into the pressures of presiding over criminal, family, and civil cases across Ireland.

She is very self-effacing about her school days and her lack of qualifications early on...however she made up for it later.

She discusses the human stories behind the courtroom, including her first time giving a long sentence for a crime, the evolution of legal practice, and life after retirement. A must-listen for legal professionals and court-watchers alike.

Her culture recommendation? A movie, 'My Cousin Vinnie'.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• An appeal of findings of 'professional misconduct' - a solicitor was not happy with a disciplinary hearing finding
• A case where a child was not entitled to special care as all other options had not been exhausted
• A case involving a Garda disciplinary issue where the Garda was seeking a Judicial Review

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On episode 123 of The Fifth Court, we’re joined by Mark O’Connell, Irish Times contributor and author of the acclaimed A Thread of Violence, his gripping account of the life — and crimes — of Malcolm MacArthur.

In conversation with barristers Peter Leonard BL and Mark Tottenham BL, and recorded at the inaugural Kilkenny Law Festival 2025, O’Connell reflects on:

• The extraordinary access he had to MacArthur
• The unsettling contradictions at the heart of the man and the murders
• And the personal and ethical tightrope of writing about someone capable of extreme violence

He also shares behind-the-scenes stories and details that didn’t make it into the book — including a few surprises even seasoned observers may not know such as his preoccupation with dust...

If you thought you knew the MacArthur story… think again.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• A professional negligence action against two firms of solicitors
• A Judicial Review of a Compulsory Purchase Order of a farm brought against a Local Authority
• And, a Summary Judgement case involving a loan that had a number of previous 'owners'.

Listen now wherever you get your podcasts or at thefifthcourt.ie

#TheFifthCourt #IrishCrime #TrueCrimePodcast #LegalPodcast #MarkOConnell #ATreadofViolence #MalcolmMacArthur #IrishLaw #TrueCrimeIreland #IrishWriters #BarristersView #PodcastRecommendation #LinkedInVoices

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Frank McNally, author of Irish Times 'An Irishman's Diary', on Bloomsday, June 16th 1904 - The many legal themes running through one of the great English language books.

His cultural recommendation, 'The Third Policeman', by Flann O'Brien

His movie choice is 'All the President's Men'

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Cases include

• A Personal Injuries case involving the Hotel Kilkenny and a claim about a wet floor
• A case where a businessman breached several equitable reliefs
• A judgement debt that had not been extinguished by a previous settlement agreement

Hosted on Acast. See acast.com/privacy for more information.

The event featured a diverse lineup of speakers, including judges, journalists, academics, and legal practitioners. Topics ranged from the impact of AI and blockchain on the legal profession to discussions on censorship, defamation, and constitutional reform.

• On this episode co-host Peter Leonard chats to Ms Justice Marguerite Bolger, appointed as a Judge of the High Court in January 2022. She is very well known for work in employment and equality law. She co-authored seminal legal texts such as Criminal Law (with Peter Charleton and Paul Anthony McDermott), Sex Discrimination and the Law, and Employment Equality Law and served as Chairperson of the Employment Bar Association of Ireland as well as being a member of the executive board of the Irish Council for Civil Liberties.
• Notable Judgments:
• In a 2024 case, emphasized the importance of firsthand recollections in traumatic events, stating that assumptions about memory fading shouldn't apply to unusual incidents like witnessing a death outside a nightclub.
• In 2025, ruled that a plaintiff's claim regarding defective breast implants was sufficiently pleaded, allowing the case to proceed.

Her cultural recommendation, 38 Londres Street: On Impunity, Pinochet in England and a Nazi in Patagonia (2025) by Phillipe Sands. He examines the cases of Augusto Pinochet and Nazi officer Walther Rauff, highlighting issues of impunity and international justice.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Cases include

• A case involving a failure to comply with a court order
• A wind turbine operation restriction to minimise noise, particularly at night
• A High Court decision involving a Norwich Pharmacal Order, a type of court order compelling a third party—usually an innocent but involved party, like an internet service provider, bank, or social media platform—to disclose information that can help identify a wrongdoer.

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She talks about her very early experiences in post Pol Pot Cambodia

She later worked with the UNHCR in Dublin

This episode is essential listening for anyone and everyone who would like to know how both the refugee and international protection systems work.

Ciara's legal/cultural recommendation is a movie called 'The Swimmers'

The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Case include

• Northern Ireland administration and whether it was recognised in Ireland - very interesting in terms of law across the two jurisdictions
• A case involving the demolition of historic properties and an assessment that was not carried out.
• The sale of farmland and an injunction that was sought, claiming the land was being sold under its correct value.

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Recorded at the University of Galway recording studios.

Hosts Peter Leonard BL and Mark Tottenham BL talk to Diarmuid J. Connolly BL (kind of 'Father of the Mayo Bar' but he's keen to correct that misnomer) a practising barrister based in County Mayo.

Former UCG student Peter along with Diarmuid, start with a bit of reminiscing - including a story about men in UCG monitoring the purchase of condoms. However, Mark guides them back to the law.

He has been a member of the Bar of Ireland since 1995. In recent years, he has been actively involved in advocating for the restoration of criminal legal aid fees to their 2011 levels. He participated in protests and strikes in Castlebar, highlighting the challenges faced by criminal barristers due to fee reductions under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. Connolly emphasized that the issue is not solely about rates but about ensuring equality and sustainability within the legal profession.

Diarmuid's cultural recommendations are Anthony Bourdain, Kitchen Confidential: Adventures in the Culinary Underbelly (he's a keen cook) and for a movie he tips the hat to 'Withnail and I'.

The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

• A potentially forged signature
• Case regarding airport landing slots in Dublin Airport
• Revenue case regarding a quarry and a tax liability

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Judge Mary Fahy retired from the Irish District Court on January 31, 2025, concluding a distinguished 31-year judicial career. Appointed to the bench in the early 1990s, she served in various jurisdictions, including Dublin and Galway, and was known for her commitment to accessible justice and her forthright approach to the law.Law

Career Highlights

• The ‘C’ Case: In the late 1990s, Judge Fahy presided over the high-profile 'C' case, involving a 13-year-old girl who became pregnant after rape and sought to travel abroad for an abortion. Judge Fahy ruled in favor of the girl's right to travel, a decision later upheld by the High Court. This case attracted significant attention and was the only instance where she recalled receiving hate mail during her career.
• Aran Islands Court Sittings: Demonstrating her dedication to community-based justice, Judge Fahy traveled by ferry to Inis Mór three times a year to hold court sessions in both English and Irish, addressing cases from all three Aran Islands. She believed these sittings were vital for ensuring that island residents felt connected to the justice system.
• Golfgate Trial: In 2022, she presided over the 'Golfgate' trial, swiftly dismissing charges against former senator Donie Cassidy and others after a brief deliberation, stating that the prosecution had failed to establish a prima facie case.

As always guests are asked for their (sometimes) legally based recommendations for books or movies. Judge Fahy proposed the movie Fargo and a book , The Coast Road, by Alan Murrin

The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners

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• He was originally inspired by Lord Wedderburn and his legal insights. - "Company law has given me some of my best moments in my career"
• By simply saying 'Yes' led to some big opportunities in European law
• He's concerned about legal deserts - areas of the country where there is an absence of legal firms, which causes difficulties in accessing justice
• He is a member of the Order of the Polar Star - he explains how he received this honour
• He had a beehive outside his office in central Dublin - and wait'll you hear him on bees and the Brehon Laws. Sweet.
• His cultural recommendation, 'More Than Honey' (a Netflix movie) - and for a book he recommends the writings of Patrick Leigh Fermor

Also, our hosts discuss some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors and Collaborative Practitioners of Dun Laoghaire, Dublin.

Don't forget the upcoming of the Kilkenny Law Festival 16th - 18th May where will be recording the podcast.

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Is he, was he still Master? He explains how it's down to an EU interpretation.

His cultural reference is the book 'Wolf Hall' (Hilary Mantel) because of a scene involving the malign influence of 'international bankers'.

Hosts Mark Tottenham BL and Peter Leonard BL start with a brief mention of the upcoming of the Kilkenny Law Festival 16th - 18th May

A brief discussion around some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors of Dun Laoghaire, Dublin.

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He’s held one of the highest offices in the land, but what’s life really like after the robes are folded away?

In this episode, Frank Clarke SC, former Chief Justice, returns to the studio for the second half of his conversation with Mark Tottenham BL and Peter Leonard BL. The discussion moves effortlessly from courtroom anecdotes to reflections on the evolving nature of legal practice—and yes, there’s plenty of dry wit and the kind of behind-the-scenes insight you won’t find in the law books.

Whether you're in chambers or just legally curious, this one’s well worth a listen.

#TheFifthCourt #LawAndLife #FrankClarkeSC #IrishBar #CourtsOfIreland #JusticeReflections #BehindTheBench #LegalLegends #PodcastForLawyers #MarkTottenham #PeterLeonard #IrishLegalVoices

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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

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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

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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).

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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

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'Live' from University of Limerick, hosts Peter Leonard BL and Mark Tottenham BL, are joined by Prof. Jennifer Schweppe, Co-Director, European Centre for the Study of Hate - Everything you need to know about Hate Crime

Jennifer's culture choice, Jane Casey's series of books featuring Maeve Kerrigan, a police officer, solving crimes.

ALSO, Why the Moon Travels, by Oein DeBhairduin

You'll also learn that UL (University Of Limerick) was built around Plassey House, home of (Robert) Clive of India, who amassed enormous personal wealth during his time in India, partly through alleged looting and bribes. He was later investigated by the British Parliament for corruption and enrichment through questionable means (though he was ultimately exonerated).

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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

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DSBA 'Podcast of the Year'

Patrick Costello, barrister and former Green Party TD and party spokesperson on Justice

He took the CETA (EU Canada trade agreement involving private courts) case to the Supreme Court

If 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

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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

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DSBA Podcast of the Year

Brendan 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.

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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,

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A 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'

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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)

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Modernising 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.

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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,

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DSBA '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.

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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.

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.

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DSBA Podcast of the Year

Griffith & 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.

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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,

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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 Coffey

With thanks to The Expert Witness Site - The Independent Source of Expert Witnesses https://expertwitnesssite.com

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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.

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A 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, 1946

As 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.

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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.

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• The 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

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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.

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• For 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

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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.

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

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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

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Michael 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.

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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.

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It 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.

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Peter and Mark explain what has happened to the rundown on recent important cases. Listen to learn.

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Sir 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.

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Episode 91, The Fifth Court

A 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.

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Continuing 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.

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This 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.

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This 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).

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This 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.

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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 casebook

• An 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 2021
• A case involving the 'involuntary admission' under the Mental Health Acts

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A 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 Association

Chartered Institute of Arbitrators

E.E.L.A. - European Employment Lawyer's Association

FILA - Franco Irish Lawyers Association

I.C.C. Arbitration Committee

I.C.S.I.D. International Centre - Arbitration

International Chamber of Commerce

Irish Society for Labour Law

Irish Sports Council - Anti-Doping Committee

London Court of International Arbitration

Panel member, Law Society Arbitration Panel

U.A.E. - Union Des Avocats Europeens

And our hosts discuss three more case from the Decisis.ie casebook

• A proceeds of crime case involving an alleged fraudulent transaction
• A case where a job offer was revoked following a Garda vetting procedure
• A case concerning a European arrest warrant, a Croatian and alleged war crimes

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Hosts 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 is holding up a functional housing market? Discuss. Spoiler alert. It involves planning permission. And kickbacks. And building inspections, at 12%, is very, very low.

His cultural recommendation. A movie - The Mauritanian (2021)

Plus three cases from the Decisis.ie website

• An environmental law case involving the granting of a revised industrial emissions license for a cement plant.
• A wardship case involving a 96 year old woman and her granddaughter
• A second wardship case, involving a 'vulnerable' man and a nursing home

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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 file

• A tax case where a party failed to pay €180k in its entirety.
• Asylum law. A case involving a 'marriage of convenience'
• A money laundering case, referencing the infamous Northern Bank robbery.

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Peter 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/blog

BTW, 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, Eugene McCague's book on law firm Arthur Cox.

And, as always, three cases from the Decisis.ie casebook;

• A Judicial Review of a case involving The College of Anaesthesiologists of Ireland and recognition of a qualification
• A Personal Injuries case taken against the State judged to be an abuse of the appeal process
• An Isaac Wunder order, a person claiming he was 'immune from court orders'

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Supported by Clio Legal Software

Hosts 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 the way law works in the world, enabling legal teams and their clients to carry out their business more efficiently. He's eager to explore innovative ideas in legal tech, and to collaborate with other entrepreneurs, investors, and mentors in the field.

And as always, our two hosts discuss three new cases from the Decisis.ie website

• An asylum case taken by a Ghanian national who claimed he was gay. IPAT questioned his bona fides.
• A family law case where foster parents tried to adopt a fostered child who had complex medical needs, but the birth mother withheld consent.
• A defamation case involving Google, YouTube (owned by Google) that was taken too late to join them as defendants.

Arko recommends 'Judgement at Nuremberg' a 1961 American epic legal drama film directed by Stanley Kramer,

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AI not a concept, but a reality now in law. This is a must listen-to episode if you want to know what's about to happen to your legal practice.

Dr Leif-Nissen Lundbæk is FORBES 30-Under-30 Listmaker. He's also co-founder and CEO of the AI company Xayn. His company is working with CMS, an international law firm, offering companies and organisations advice on a full range of legal issues. CMS consists of 18 independent law firms with about 80 offices worldwide and is the world's 5th largest law firm by lawyer headcount and the 21st by revenue.

Prior to founding Xayn, Leif-Nissen Lundbæk worked at Daimler AG and IBM. He holds a degree in Economics from Humboldt University in Berlin, an MSc in Mathematics from Heidelberg University, an MSc with Distinction in Software Engineering from Oxford University, and a PhD in Computer Science from Imperial College London.

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Plus three more cases from the Decisis.ie casebook

• A case where a wedding guest slipped on a dancefloor and her case was appealed right up to the Court of Appeal. The judge was very specific is his view on the plaintiffs sobriety at the event.
• A case involving a bank lending a mortgage to a couple, where the husband was making repayments but the lending contract was with the wife.
• A contractual dispute between an Irish company and a Dutch company involving a heat exchanger and chicken manure.

With thanks to Clio legal software

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Hosts 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 to 'eat it up'.

Her cultural recommendations include the art exhibition at the Royal Hibernia Academy as well as a book, Autobiography of a Yogi, by Paramahansa Yogananda (1946).

With thanks to Clio legal software

And, as always, the two hosts review three higher court cases drawn from the Decisis.ie casebook

• The first case concerns the mandatory retirement age for a Sheriff (currently 70 years of age)
• The second case is about a confiscation order, its proportionality, amounting to almost €400,000
• The third case revolved around whether a baseball bat, used in an alleged assault, was made of metal or timber

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DSBA Legal Podcast of the Year

With 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 Kingdom, leading to legal battles that challenged and eventually redefined the limits of literary expression and censorship.

Our hosts, barristers and literary buffs, Peter Leonard and Mark Tottenham discuss some of the many issues around the case taken in the US including some nuggets that you'll be able to 'drop' at the dinner party table when next discussing why you haven't finished reading Ulysses.

As always, Peter and Mark also discuss some more recent cases from the Decisis.ie casebook.

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With thanks to Clio Legal Software

Something 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 Polish solicitor (Radca Prawny) and is a fully qualified Irish solicitor since 2013.

Krystian says he's the only such lawyer from Poland registered in Ireland having full professional qualifications in both jurisdictions. He has been practicing since 2006 with William Crean & Co Solicitors and then with JC Hoban & Company Solicitors. He established Hoban Boino Solicitors in partnership with Joanne Hoban. Krystian advises clients from both Ireland and Poland as well as many other nationalities. He specialises in personal injury litigation and employment law and also advises clients in wide range of aspects of Polish law regarding wills and property.

Peter and Mark also take a look at three more curious cases from the Decisis.ie casebook

• An Order 67 company law case
• A case involving a guarantee given by a father for a son's debts, when the father tragically died.
• A case where the court was asked to adjudicate on the transfer of a vulnerable minor to the UK for care as suitable care was not available in Ireland.

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DSBA 'Podcast of the Year'

With thanks to Clio Legal Software

Hosts 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 mean, and why other EU countries appear to have a better system of local government than Ireland (which ranks close to the bottom of surveys).

Barry's 'cultural recommendation'? Fatherland, by Robert Harris, a 1992 novel of alternate history conceived as: "What might have happened if the Nazis won World War II?

Our hosts also look at a further three cases from the Decisis.ie casebook

• A tax compliance case where a tax payer wanted to cross examine his investigating revenue officer. The judge decided it was an attempt at trying to delay the case.
• A personal injuries case where a woman claimed she fell over tree roots that had broken through the pavement. She couldn't tell the court exactly where she fell nor did any of her three friends who her with her on the night of the fall choose to give evidence.
• A case involving the Charity Regulatory Authority and their powers of search (the CRA has assumed powers previously held under the AG's office). The Court decided that there was no obligation on the CRA to give advance warnings of investigations.

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Our 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 it?' He denies Mary McAleese's description of him being (one of her) outstanding students. Great entertainment.

His book recommendation? 'The Fight' by Norman Mailer.

Peter and Mark also delve into three more cases from the Decisis.ie casebook. They include:

• A bankruptcy case where there was non-disclosure of a property in Thailand and a BVI company.
• A case involving an 'enduring power of attorney' where a woman was said not to have the ability to control her own affairs.
• A child abduction case where the judge decided it was not in the child's interest to be sent back to Ireland from Poland.

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From 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 "The Rock'n'Roll Kids"

After TV came a career in law and she concentrates on family law nowadays, saying about herself that she 'does a lot of listening'. However a fateful meeting at a dinner convinced her it was time to head for Europe where she hopes to make a change, particularly around women and the law.

This episodes cases from the Decisis.ie casebook include;

• A medical negligence case involving a woman who sustained injuries during childbirth back but the defence claimed that the statute of limitations applied.
• A property dispute involving a family home.
• A wardship case about whether a woman, a ward at the time, was allowed to take control of her own life again.

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Part 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 Constitution was a very significant human rights document", the Constitution was a 'great success',

Plus three more recent important cases, drawn from the Decisis.ie casebook including

• An injunction successfully granted against a winding up petition against a business
• A Landlord and Tenant case about a claim of frustration of a lease due to Covid.
• A Personal Injuries case taken by a former pupil against his old school long after having left.

With thanks to Clio legal software

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Part 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 been mooted!

The two host also discuss three more cases from the Decisis.ie casebook

• The first case involved a non-compete clause where a senior staff member joined a rival company.
• The second High Court case is a Succession Acts case and a dispute involving three siblings and a question over signatures on disclaimers
• The third case is a Defamation action involving businessman Declan Ganley and news outlet CNN

With thanks to Clio Legal Software

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The Apple Tax Case

Will 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.

On this episode our hosts interview Dr. Charles Garavan, lawyer and tax expert, who is Assistant Professor at the Business Faculty at UCD. (BTW, he's also a 'memory man' that you'll learn more about on the podcast. Fascinating.).

The Apple case may be heading, slowly but finally, towards a conclusion. This interview is an 'Apple Tax 101' that will have you perfectly informed when discussing it with colleagues.

Charles' book choice is 'A Guide to the Good Life' by William B. Irvine

As always our two hosts also delve into three recent cases from the Decisis.ie casebook, including;

• A habeas corpus application where the judge ruled that a doctor had withheld relevant information
• A personal injuries case where an employee cut themselves whilst carrying trays. The judge in this case decided there was partial responsibility
• A case under a European Arrest Warrant where a Czech national was wanted for road traffic offences in his native country. The judge ordered him sent back.

With thanks to Clio legal software

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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 so-called 'Sinn Fein Funds' ended up. It will also be of interest to students of recent Irish history as to how Judge Kingsmill Moore traced back the Sinn Fein lineage. A bit of 'Who Do You Think You Are' on The Fifth Court.

Three cases from the Decisis legal casebook include;

• A case involving a collision at sea involving a trawler and a bulk carrier. One of them made 'foolhardy turn' according to the judge hearing the case.
• A second is a personal injuries case and the discovery of medical records. The judge decided he didn't want any fishing expeditions.
• The third case is yet another Isaac Wunder order where Mr. Justice Charles Meenan decided that the appellants had made scurrilous claims.
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With thanks to Clio Legal Software.

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Liam 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. Fascinatingly he asserts that the media and others are incorrect when they query whether the President's 'words' have been cleared by the Government. He says that such permission is simply not necessary and may be 'imagined by the commentariat'. He calls it an 'incredible misconception'. He also talks about when the President visited the UK.

And, as usual, our interlocutors discuss three recent cases drawn from the Decisis casebook including;

+ A challenge to a planning permission given to a windfarm. Judge Egan decided that the windfarm was too noisy.

+ A 'delay' case where little or nothing had proceeded in this case since 2009 but was in front of the courts again in 2023.

+ A case where a family in a 'Witness Protection Programme' were seeking new marriage certificates and birth certificates to confirm the family's new identity. However, it seems it's not that straightforward to get a new identity, and legislation may be needed.

As always, essential listening for practitioners, students and the curious public.

With thanks to Clio Legal Software

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Winner Dublin Solicitors' Bar Association Legal Podcast of the Year

Hosts 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 at the Gate' and 'Servants of the Damned'. He also recommends the movie 'Wall St.'.

Peter and Mark also tackle three recent high profile cases from the Decisis casebook.

• A case involving the signing of a bond in reference to a suspended sentence. But the case got a bit more complicated than that when the accused left court without having signed the bond.
• A second case involving a family law issue and an overseas bankruptcy that could have a direct bearing on the family law hearing.
• Finally, a planning case involving the granting of a planning permission for a Strategic Planning Development and An Bord Pleanála

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On 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 and elsewhere, and explores the intricate web of statutes, regulations and constitutional principles that inform this area of law.

From the initial stop by the Gardai to sobriety tests, blood alcohol concentration analysis and trial procedures, each stage of the legal process is dissected with precision. This arms the reader with a comprehensive understanding of the nuances involved.

The layout follows a chronological order from the initial suspicion by Gardaí right through to an appeal to the Circuit Court or a case stated.

Beyond the courtroom, the broader implications of drink and drug driving is referred to including, but not limited to the rights of victims, comments by the Judiciary and the cost to society.

Peter and Mark also discuss three more cases from the Decisis.ie casebook.

• A case involving a property dispute where there were questions about the property's title
• A labour law dispute between a trade union and a large construction contractor focussed on previous agreements and whether all necessary criteria had been met.
• A third case involving the purchase of property in Italy by a number of family members and where the judge decided that a full hearing of the facts was necessary.

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Hosts 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 and other staff who are regularly attacked by drunken patients. He cites the case of one nurse who was so traumatised by being attacked that she'll never work as a nurse again.

He is hugely concerned about the amount of cocaine use in Cork and he explains how he dealt with 'first time cocaine' cases along with the Probation Services.

And he refers to the harassment of Cork legend Roy Keane by locals, a subsequent court case and the wisdom of the Number 16 shirt wearer and why he insisted on bringing the matter to court, against the wishes of his then employers.

His recommendation of a legal book for either professional or lay person is Ruadhán Mac Cormaic's book, 'The Supreme Court' - easily the most recommended book on the podcast.

This interview will put a smile on your face.

Our interlocutors also review three cases from the Decisis.ie casebook

• A waste management case and the refusal of a permit to a person deemed not 'fit and proper'
• A case involving a planning delay that our two barristers felt would have great significance for 'delayed' cases.
• A case about misconduct in court (accused threw a bible at the judge) and whether the accused could be sanctioned by the Prison Authority.

With thanks to Clio.com/ie

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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 include 'Poor' by Katriona O'Sullivan and 'Just Mercy' by Bryan Stevenson

And, as always, our interlocutors interrogate some recent high profile legal cases from the Decisis.ie casebook:

• The first case concerns the cost of judicial review where the respondent was a solicitor.
• The second case concerns fixed penalty notices given out by An Garda Síochána during the Covid lockdown
• The third case, in the name of the fada, is about the use of the 'síne fada' (or as Google likes to describe it, 'the long extension'), on websites. A case for the Data Protection Commission.

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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 was a participant in the European Space Agency's student participation programme. She has published widely in the field of space law in Ireland, the Netherlands and the U.S. and has taught at Trinity's Law School. She has also taught in Kosovo with the Irish Rule of Law International's project there in coordination with the Kosovo Chamber of Advocates. She is a member of the Society of Legal Scholars.

As always our dynamic duo of interlocutors discuss three recent prominent cases from the Decisis.ie casebook.

• A case between Ryanair and On The Beach Ltd, concerning the latter's alleged screen scraping.
• A case involving a lay litigant who brought proceedings against the HSE, arising from certain medical treatments but the appellant hadn't brought any expert medical opinion to support her claim.
• In the third case the issue of 'nesting', where children remain in the family home, whilst the parents move in and out, alternately, following a separation, something that arises when two parents can't afford two separate homes.

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With 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 a 2 year wait for divorce is still too long. And they discuss surrogacy, recently highlighted by the 'Rosanna Davidson case'.

The hosts also discuss three cases from the Decisis.ie casebook

• A case about the wording of a will involving alternate executors
• A very long running case involving the spraying of commercially grown apples by a potato farmer adjoining the apple farm.
• A planning case about the claimed overshadowing of a passive solar house and the role of an expert in his own case.

*P.S. Scholars often use referenda as the plural for referendum. This choice is a hypercorrection—it may sound like proper Latin, but it is not. Referendums is always the correct choice. However, we maintain that there is value in using referendums for multiple events and referenda for multiple propositions.

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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 International law. He continues to appear in some of the most complex Inquests and Inquiries in Ireland, acting for 47 of the families in the Stardust Inquest and appearing in the Ballymurphy Inquest.

Darragh's cultural recommendations are 'Are You With Me?: Kevin Boyle and The Rise of the Human Rights Movement by Mike Chinoy and Spider Woman: A Life

Book by Brenda Hale, Baroness Hale of Richmond

As always Peter and Mark take a look at three recent cases from the Decisis Law Reports casebook

• A case involving 37 aircraft, valued at $2 billion, allegedly owned by a Russian company (in liquidation) that in turn said had given a 'pledge agreement' against their value to a 'connected company', but hadn't been registered as a charge, therefore were null and void. Those pledge agreements 'fell away'.
• A case involving a medical practitioner accused of rape. The Medical Council sought to suspend the accused from practice. The dilemna here is the 'presumption of innocence' versus the 'protection of the public'. He was allowed to continue to practice as long as he was chaperoned. Investigations continue.
• A case about the valuation of land, however brought 'out of time'.

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Hosts 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 is done). She says her office has imposed billions of Euro in fines, though due to legal appeals only some tens of millions of Euro has been collected so far (that money goes to Ireland's central exchequer). Helen ends her ten years tenure as Commissioner soon and will shortly join Comreg as one of of three commissioners.

Her book recommendation is The Kidnapping (about the kidnapping of Don Tidey)

Her movie choice is 'Patrick a young Traveller lost'. (RTE Player)

The hosts also look at three cases from the Decisis.ie casebook including:

• A case involving 'an expression of doubt' in a tax case that was referred to as a 'questionable tax avoidance mechanism'.
• A 'delay case' in a claim against an architect that went right back to 2012.
• A case involving an expert witness on 'monkey bars' in a children's playground, and an expert report that was not produced in court.

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Interlocutors, 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. Ian's office receive up to 800 company liquidator reports a year and each one has to be examined, and challenged where appropriate. In about a third of the cases they review, further investigation may be merited.

He recommends a book, Administrative Law Nutshell that gives a comprehensive overview of Irish administrative law.

And as always Mark and Peter also look at three recent high profile cases from the Decisis Law Reports casebook

• In the first case, it concerns an Isaac Wunder order, an order issued restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. (Named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious)
• The 2nd case is a labour law case where a fireman claimed he was working during his time being on 'standby'. Spoiler. You're not working while you're waiting by the telephone for that 'call to action' call.
• A case where there was a delay of three and a half years in 'road rage' proceedings was deemed acceptable by the High Court.

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The Future of Legal Practice Summit, Part 2, at The Law Society of Ireland

Our 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 by a turf fire, but sadly now closed! David Peters correlates the closure of local courthouses with the ending of local legal practices, leading to 'legal deserts' as he calls them. There's also some frustration with the rising level of regulation required of smaller practices. These views lead on to some terrific questions from the floor of the Summit...with so much engagement the session had to be extended. Terrific.

And as always our dynamic duo start with three recent cases from the Decisis.ie casebook

• The first case involves an application to annul a bankruptcy but an action requiring a 'duty of candour' which may not have been met.
• The second case involved a Notary Public and the requirement that they be 'available'. But how available is available?
• The third case is about a planning issue in County Meath, involving the 2014 County Development Plan.

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The Future of Legal Practice Summit, Part 1, at The Law Society of Ireland

Our 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 choice becomes important and making a difference to your own community is a non-financial dividend that some opt for. The issue of rural legal depopulation is an issue that the Law Society of Ireland is also helping to tackle.

And as always our dynamic duo start with three recent cases from the Decisis.ie casebook

• The first case concerns particulars being raised in a Judicial Review of a planning case. It's an important case for practitioners.
• The second case is about employment law, and the law around restraining an employer from firing an employee. This involved the Irish Prisons Service.
• The third case is about a man who it was alleged had infected two women with HIV but it transpired in the case that the women had other sex partners.

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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 two also discusses more recent high profile cases drawn from the Decisis.ie website.

The first case involves succession law, when an executor loses the ability to act.

The second case is about the need, or not, to consult the father of a child in an adoption case.

Finally, a case of illegal dumping, a case that has gone on for over four decades.

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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 recommendation is a book, 'The Brutish Museum' by Dan Hicks, Professor of Contemporary Archaeology at the University of Oxford.

And, as usual, our dynamic duo bring us three current cases from the Decisis.ie website

• The first concerns an appeal about a blocked drains issue from the Residential Tenancy Board and is curious in that the quantum being sought was €88,000 but that €20,000 is the maximum permissible payout.
• The 2nd case is a criminal case involving the murder of a woman returning from her place of work and the admissibility of what is termed a 'dying declaration'.
• The third case concerns the refusal by An Garda Síochána to grant a license for a specific type of gun to a citizen and involves the concept of 'fettering their discretion'.

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On 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.

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Hosts 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 to 1999)
• Another case from the Solicitor's Disciplinary Tribunal appealed to the Supreme Court as to whether an appeal was or was not out of time.
• A case where the deceased had named his daughter as the executor of his will but the deceased's son disputed this.

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Running 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 the continuing trend towards smaller offices merging, due to necessity, as sole operators in rural areas are no longer viable.

Valerie's cultural reference is a book buy Kristin Hannah, called The Great Alone, highlighting the struggles of women to survive the harsh Alaskan climate.

Our dynamic legal duo also discuss three further cases from the Decisis.ie casebook.

• A case involving the deportation of a Nigerian man who's marriage was deemed not lawful.
• A case about a breach of contract where it was claimed the vendor did not give marketable title for a property they were selling.
• A case involving a member of the Garda Síochána who was allegedly in possession of sexually graphic images that were shared on a Whatsapp group.

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The 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 from the Decisis.ie casebook

• A tax case involving the purchase of a super-trawler and its fish quota and whether the considerable investment could be written off as a capital expense. The Revenue Commissioners thought not but what did the judge decide?
• A case involving the 'assessment of need' by the HSE. This assessment was made without a full diagnosis. Again, it fell to the judge to decide what was the correct way of assessing a child.
• A case about domiciliary care allowances for the care of a child. Initially this payment was refused and lost again on appeal. Again, a judge was asked to adjudicate again.

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Hosts 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 Garda recruit, just three months into his training. No one has ever been convicted of these deaths.

The three discuss some of the legal issues arising from the number of trials involving the alleged kidnappers and we get a sense as to why no one was brought to justice.

As always Peter and Mark also discuss three new cases from the Decisis Casebook.

• A case involving a house that was let as a guest house but that was subsequently sub let to 36 refugees. Accommodating these refugees involved knocking down walls etc, without the house owners permission and without official planning permission. High Court judge Liam Kennedy found in favour of the sub-lessors!
• Harty V Harty is a case involving the sale of a family firm where an initial substantial sum was paid out on a transfer of ownership, but there was an outstanding €10m to be paid to Dr. Edmond Harty if there were a sale. The remaining shareholders argued there hadn't been a sale, but the court held there had.
• A third case involves a case where a borrower was evicted by a mortgagee who won an order of possession in the Circuit Court. The appellant had been physically removed from the property but appealed the earlier order. However the High Court adjudged that the eviction was appropriate and lawful.

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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 the Government.
• A case involving the dissolution of a partnership involving a stepfather (defendant) and his stepchildren and their nursing home business. The court gave an interim judgement.
• A judicial review proceeding involving a planning decision, however the application was brought one day out of time. The court refused.

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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 time of the case. McGee's second and third pregnancies were complicated by severe cerebral thrombosis. Also during her pregnancies she suffered from a stroke and temporary paralysis. Her condition was such that she was advised by her physician that if she would become pregnant again her life would be endangered. She was then instructed to use a diaphragm and spermicidal jelly that was prescribed to her. However, section 17 of the Criminal Law Amendment Act 1935 prohibited the importation of these devices.The Supreme Court ruled by a 4 to 1 majority in favor of Mary McGee, after determining that married couples have the constitutional right to make private decisions on family planning.

Our hosts also discuss three cases taken from the Decisis.ie casebook.

These include;

• A case where the Electricity Supply Board (ESB) claimed wrongful payments were made by Richmond Homes to 'ESB employees'.
• A second case involving Digital Rights Ireland and claims of alleged revenge porn
• A final case where a member of An Garda Síochána sought the disclosure of information that he felt might be defamatory of him.

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Barry 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 says 'sovereignty was draining out the door of the Cabinet room and he looked out the window, on to Government Buildings, snowing heavily, and felt that 'we had degraded' what his grandfather and grandmother had started....

He gives a great explanation of how the Dáil and the European Parliament are so fundamentally different.

He talks about his work trying to have 'forced labour' banned as well as the products that come from it. This includes seafood sold by Tesco, Lidl, Aldi and Musgraves.

His recommendation of a book with a legal theme is Great Hatred, Little Room, Making Peace in Northern Ireland, written by Jonathan Powell

Our two interlocutors also discuss three cases from the Decisis.ie casebook

• A case involving the death of five day old child following an emergency Cesarean section where the parents disputed that the child had died by natural causes
• A case where it was alleged a borrower was making life difficult for a receiver to a property
• An appeal by the HSE to an order of the High Court, regarding the provision of mental health care for a prisoner who had a history of violence

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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 recommendations of the 50-year old report to be implemented which still have relevance today.

Our co-hosts also discuss cases from the Decisis.ie casebook including;

• A case concerning a receiver seeking possession of a property
• A second case involves a contract around the Air Sea Rescue Service
• A third case is around competition law, and concerns the VHI and a private hospital

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Peter 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 Roth

From the Decisis.ie casebook our interlocutors look at two recent decisions;

One case involving a dispute over a bank loan from Ulster Bank where one of the parties had been bankrupted in England, which was a seminal fact.

A second case involves a case where a member of An Garda Síochána was bitten by a Belgian Shepherd dog, in the line of duty.

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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?

Questions, questions, questions. And plenty of answers.

As usual Peter and Mark look at significant legal cases taken from the Decisis.ie casebook.

The first case on this episode involves that of a school principal at a Gaelscoil, and a disciplinary matter dating back to 2009, with claims of a board of management being 'motivated by animus' or a vendetta.

The second case involves a European Arrest Warrant and should an accused, who had served a sentence in Ireland, be sent to Portugal to serve a sentence there for a separate crime.

Her recommendation for a book is 'Empire of Pain' Patrick Radden Keefe

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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 her at the BAFTAS and/or in Hollywood the Oscars?

Her recommendation of a legal or law based book is A Thread of Violence, by Mark O'Connell and she also recommends Midnight in the Garden of Good and Evil by John Berendt

They two discuss just one Decisis.ie case, that of Tomas Heneghan who took a case all the way to the Supreme Court that had to adjudge whether it was constitutional that there's a restriction on the right to vote for certain so called 'University seats' in Seanad Éireann.

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Barry's cultural references with a 'legal twist' are the movie, 'The Lives of Others' and the book by Ryan Gattis, 'The System'.

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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.

We learn about the Ballymun Community Law Centre (there were no private law practices in Ballymun (pop. 25,000) before the Law Centre opened 21 years ago.

How the Law Society of Ireland deals with different types of lawyers makes for interesting listening.

The Opposite of Butterfly Hunting, Evanna Lynch, is Patricia's choice of a 'legal related' book

A Netflix documentary called Crip Camp, on Netflix, is Gary's choice. He also recommends the play, 'No Magic Pill', by Christian O'Reilly. Listen to learn about all three.

And, as usual, there's a discussion regarding three Higher Court decisions from the Decisis.ie casebook.

• DPP nolle prosequi regarding 151 plus indecent assaults, where accused (71) tried to have the trial stopped by way of judicial review
• Mother given sentence for sexual offences against her son. The mother appealed the sentence. The sentence was changed.
• A hunger strike case. What circumstances are necessary for a prison authority to step in and 'force feed' a prisoner for the prisoner's own well-being? A most interesting decision.

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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 Army planted a bomb that exploded at 2:54 a.m. on October 1984, the last day of that year's British Conservative  Party  Conference at the Grand Hotel, Brighton, England. An audacious attempt to wipe out the entire British government, it came astonishingly close to killing the Iron Lady.

There's also discussion of two more cases from the Decisis.ie casebook;

The first case concerns a construction contract payment dispute

A second case regarding the disposal of a firearm used in a murder

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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  Conference at the Grand Hotel, Brighton, England. An audacious attempt to wipe out the entire British government, it came astonishingly close to killing the Iron Lady.

There's also discussion of two cases from the Decisis.ie casebook;

One case concerns the custody of a Ukrainian child and the Hague Convention

The second case is a constitutional case concerning an action of the sexual crime of defilement.

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On 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 claim that a receiver may have been wrongfully appointed to disputed farmland
• A dispute over public procurement involving a party who failed to win a contract
• And, a claim regarding injuries incurred on a Sri Lankan cycling holiday.

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David 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 privilege
• And a case where a doctor was prescribing drugs incorrectly

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Peter 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 March 2023.

She previously practised as a barrister, called to the Bar in 1979 {she did a lot of fisheries law] and became a senior counsel in 1999

To fund her studies she worked in arts administration, at the then Oscar Theatre in Sandymount, now a Sikh Temple.

There's also a discussion about three interesting cases from the Decisis.ie casebook

• a case involving the refusal of critical skills employment
• a ward of court case and whether a detention was it legitimate
• a case in the construction sector concerning a contract

Sign up at www.TheFifthCourt.com for your own personal copy of the podcast.

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Presenters 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 opens with three cases from the Decisis.ie casebook.

• A case involving a solicitor who wanted to come off the record as his client couldn't pay his fee (it is, of course, slightly more complex)
• A conclusion (of sorts) of the Enoch Burke case involving his former school, Wilson's Hospital
• A company law case involving a Christmas tree fraud.

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Michael O'Higgins SC, probably the best known barrister in the country asks 'But is it justice..?'

Presented by Peter Leonard BL and Mark Tottenham BL

An 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 General, spending days in Michael's Harold Cross bedsit. Working night shifts in RTE to make an alternative to a legal career as unattractive as possible. And much, much more. Brilliant.

His movie choice 'Justice for All' (Al Pacino)

His book choice, Dominic Carman's book on his dad, George Carman QC. (Dominic was a guest on E27, The Fifth Court)

Plus three cases from the Decisis.ie casebook including;

• A personal injuries case against a hotel, where the ruling was that the architects to the hotel were joined to the case too late.
• A European arrest warrant case where a Polish national pleaded he wasn't informed about the case as he couldn't access the address he supplied for correspondence
• A Landlord and Tenant case involving the Residential Tenancies Board and the refusal by the landlord to accept a HAP payment

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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 and expert witnesses on two sides that raised the issues of 'hot tubbing' and 'trial by ambush'. You'll have to listen to learn!
• A case about a prisoner's claim about his constitutional rights regarding 'slopping out' and his 'right to bodily integrity'.
• A case of legal costs where the judge decided on the costs himself, rather than have them sent on for cost assessment.

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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 GDPR

On 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 ‘upset’ in some cases. These cases may be complex but they’re beautifully laid out by our guests and importantly, they lay the foundations stones from more GDPR legislation in future. It is therefore essential listening.

We also have 3 more cases from the Decisis.ie casebook including cases about;

• A case where the complainant wasn’t happy with a compensation amount given in the case of a Compulsory Purchase Order
• A rent arrears case where Justice Donald Binchy ruled that ‘a promise is not a contract’.
• And an Isaac Wunder case where the judge was asked if the complaint was ‘frivolous or reckless’

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What?? You’ve never heard of Chief Baron Palles?? Many across the world still live by some of this incredible Irish judge’s rulings

On 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 Joyce’s Ulysses and, according to our expert witnesses, his rulings across a myriad of cases still reverberate in countries around the world. An incredible story.

We also have 3 more cases from the Decisis.ie casebook including cases about;

• Claims that a solicitor and barrister encouraged a client to take a fees ‘to make fees’
• A case involving red or ‘marked’ diesel and an attempt to find out what Revenue officials may have spoken to about the issue
• A planning case involving a 19th century building and a Bord Pleanála permission.

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Presented by Peter Leonard, BL and Mark Tottenham BL

21'.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, BL

Luigi 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 during the time of the Troika, but the fees that were cut were State fees, so legal aid fees (not other fees), and these cuts have never been reversed.

Luigi talks about preferring criminal law over other areas such as property related cases where he didn't like when cases were being 'dragged out' 'so that fees would be generated'. 'Criminal (legal) work was easier to live with'.

Luigi says that in criminal cases nowadays that you 'can't touch client's money (for fees) because such monies might be the proceeds of crime' and therefore could be a criminal offence to accept such a payment. 'Drugs dealers have money, but you can't touch it' - so it's legal aid or nothing.

Peter Leonard asks Luigi 'how can you defend the bad guys' but Luigi interrupts and asks his own similar question that he's often asked, 'How do you defend people who are guilty' and he counters that by pointing out that 'on the other side' that there may be barristers prosecuting people who they know are innocent'.

Darren Lalor left school at 14 and decided to go back to school and college. A chance encounter with Luigi in the taxi that Darren was driving [he happened to be reading a law book so a conversation ensued] that has forged a lifelong and life changing friendship, and Darren joined the profession in 2015 specialising in criminal cases. Jokingly, he refers to media mentions of the Four Courts as being the Four Goldmines, while the Criminal Courts of Justice as being the Four Coalmines.

15.00" Luigi and Darren get into the meat of the campaign for the restitution of their fees back to the 2002 levels as he could work all day on a case and be paid €25. Luigi refers to one of his formal 'devils' who has fees outstanding from a solicitor of €7,000 - a 'loss' that she can't bear. They discuss the likelihood of a strike - which they say should happen 'sooner rather than later'.

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Retired 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 comments on the separation of powers and political bias in Ireland.

When asked for a cultural recommendation for those in the legal profession he suggests that all lawyers should channel their inner Gregory Peck.

Three cases from the Decisis.ie casebook include;

• A case where a child was not entitled to Irish citizenship
• A commercial action involving an Isaac Wunder order and a claim of an abuse of the court system
• A criminal case where a pathologist was not available for cross examination

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He discusses the difficulties of presenting a case in Irish because of the lack of Irish speaking judges. And which judges are bilingual? 'The posh ones and the clever ones' according to Daithí.

Movies including 'Millers Crossing' and 'The Grand Budapest Hotel' are his cultural recommendations for colleagues.

The podcast also includes three key cases from the Decisis.ie casebook including;

• Debt settlement arrangement that was challenged by a number of those who were owed money. Mr. Justice Sanfey overturned an earlier judgement.
• A (very convoluted) case involving Russian companies but that was adjudged could be heard in Ireland - it could be a truly huge case
• A case where a party issued proceedings and registered a lis pendens (a notice that litigation is pending) against a property. This can make a property unsaleable.

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On E28 Mr. Justice Richard Humphreys of the High Court strongly rebuts Brian's assertion, in an interview with Mark Tottenham. Not too often you'll hear a High Court judge declare that 'He's scarlet for your ma!'

Cases from the Decisis.ie casebook discussed on this episode include;

A case involving a rateable valuation claim on toll booths

A planning judicial review involving the Protect East Meath lobby group

A defamation case that involved a plea regarding the statute of limitations

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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.com

Decisis.ie cases include a case involving;

• Availability of civil legal aid for charities (that is limited to 'natural persons')
• A decision in an autism case, reviewed by Ms. Justice Phelan
• A work related personal injury case, involving contributory negligence

His cultural recommendation for lawyers, the movie 'Witness for the Prosecution'

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Dr. Brian Flanagan, Assoc. Professor of Law at NUI Maynooth, on the purported influence of Wikipedia articles on decision making by Irish High Court judges.

The Fifth Court is open to any judge who would like to have their views heard on this issue.

Brian's cultural recommendation for lawyers - the movie, A Few Good Men

We also have our three Decisis.ie cases that includes;

Another case of medical experts giving evidence in a personal injury case and a view from the court on why that expertise should stand.

Also, an assault case where psychosis may have been a mitigating factor.

Finally, a wrongful dismissal claim where an employment injunction was sought.

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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.

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Presenters 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.

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7.00"

Cian O'Carroll, Cashel based solicitor, known for his work on cervical screening cases, particularly the Vicky Phelan case that moved a nation.

He discusses his views on medical negligence cases.

He is candidly open about the tragic 1990 death of his father, a shocking occurrence that that led him away from a science degree to the law. This changed his life in a fundamental way. He worked for a period in a Cashel, Tipperary practice with solicitor John Lynch. He established his own practice in 2010, largely focussed on medical negligence.

Vicky Phelan came to him, as a client, on January 2018 and he knew immediately he needed to push the case very quickly. 'She was just a wonderful person' he says. She was 'purposeful' according to Cian who added, that she was the most altruistic person he ever met.

He describes the introduction of a non-disclosure agreement by the other side in the Phelan case.

He discusses other similar cases involving screening programmes including BreastCheck, bowel screening and glaucoma screening.

He has some very strong words about the HSE's approach to aspects of the screening programme and its use of the court system.

He's very complimentary about Judge Kevin Cross who was helpful in moving the case along, conscious of that time was, unfortunately, limited for Ms. Phelan.

32.00"

He talks about a current eleven month backlog in court cases in his area of practice and he gives his views on the medical profession who feel they are 'put upon' because of the standards they say they are expected to meet.

34.00" He talks about solicitors referring clients to doctors (or not) and he refers to a previous Fifth Court discussion with Dr. Declan Keane, about 'expert shopping'.

He speaks up about legal costs, solicitors fees and the way in which his practice deals with these costs.

His 'cultural recommendation' for lawyers? The movie, 'My Cousin Vinny'. Great choice.

Book, 'Brideshead Revisited', for the magistrate's court scene in the book.

Please share this podcast with your colleagues.

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World renowned barrister Geoffrey Robertson, KC, author of several books including his most recent, Lawfare, 'How Russians, the Rich and the Government try to prevent free speech' - how the defamation laws are being used by the super-rich to cover up wrong doing.

He says 'Britain doesn't have free speech, it has expensive speech'.

He recommends allowing juries for libel cases, but not to determine damages awards when they might apply. He suggests libel cases should be televised and says the TV companies could pay for the rights to cover the upcoming Meghan Markle V Daily Mail case.

He's currently working on a new edition of his book on 'crimes against humanity', including Putin's attack on Ukraine.

Geoffrey recommends his own book, 'The Tyrannicide Brief' to all budding legal eagles.

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And our dynamic duo discuss three cases from the Decisis.ie casebook.

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Our dynamic duo also discuss three more cases from the Decisis.ie casebook

• One case involving citizenship rights
• Another, an appeal case, involving the Turf Club
• A third case, a harrowing child protection case.

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And as always we start with three cases from the Decisis.ie casebook

• A family law case involving Ireland and Pakistan and allegations of child abduction
• A Landlord / Tenant where the tenants were deemed to be persons unknown
• Three Ireland (Hutchinson) V ComReg - re access to the mobile phone network

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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) Stephen Hanaphy BL talks to our dynamic duo about copyright law including the high-profile Ed Sheeran case. Batman and Mickey Mouse get a look-in.

His culture 'must haves';

'Measure for Measure'- Shakespeare

Advocates (a book by Lord Pannick)

'Shoedog' memoir by Phil Knight, founder of Nike

'Intolerable Cruelty' movie with George Clooney and Catherine Zeta Jones

With thanks to Practice Evolve software for their support of this podcast.

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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 charges
• A second case involved finding the source of €75,000 found in a CAB search
• Finally a case called The Medical Council V B about allowing the identity of a doctor to be made public. Ironically 'B' remains B for the purposes of this case.

Kindly supported by Practice Evolve software www.PracticeEvolve.com

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Ireland'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 interest to those practicing or perusing the law, including Servants of the Damned (David Enrich), the Stay Tuned podcast presented by Preet Bharara, Rather His Own Man, a book by Geoffrey Robertson, No Ordinary Man a book by Dominic Carman....and he also recommends having a look at the 2nd Report of the Moriarty Tribunal!

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On 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 by a drone, what constitutes a trespass when a drone is above land.

All fascinating cases, essential updates for practitioners.

The Big Interview is with Gemma McLoughlin-Burke who spent over 3 years as a Judicial Assistant to Mr. Justice Robert Haughton. The JA, as they're known, replaced the tipstaffs that accompanied judges around the courts. The role has changed hugely and, Gemma says, is a great grounding in the legal process for lawyers.

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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.

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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 Plantier

Presenters Mark Tottenham and Peter Leonard also discuss two cases from the Decisis.ie casebook of current cases and judgements.

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"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 his childhood, particularly those starring Matthew Broderick that he Flor modelled some career choices on. His top tip to legal students is never to do a university course just because it might look good on the CV. He did a Masters in Commercial Law in UCD, hated it and has never used any of the knowledge gleaned since.

He got an apprenticeship with well-know Dublin firm PF O'Reilly which started his legal career. He was with that firm for five years, so why did he go home to the family firm in Clonakilty? The answer seems to be why not, and what better place to get the work/life balance that you want. Flor is very blunt about the business bubble bursting, along with the general economy, in 2008. He took time during the downturn to head to the US, see how lawyers were marketing themselves there, and then decided on a 'digital first' strategy to establish a national medical negligence practice. Very, very insightful and progressive. Key takeaway, 'To build a specialist practice, get on the phone!'

His Solicitors' Growth Organisation Zoom meetings are attracting upwards of a 1,000 practitioners. Collegiality is at its core. He says that administration and regulation is biggest burden for smaller practitioners.

And what book or movie does he recommend to aspiring lawyers, His movie, Paul Newman, The Verdict (available on Google Play) and his book choice is The Obstacle is the Way by Ryan Holiday

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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 McEwan

Presenters Peter Leonard BL and Mark Tottenham BL also access some of the top cases and judgements from the Decisis.ie website including the Supreme Court case of Patrick Costello V The State

The 2nd case is a criminal appeal about a dangerous driving prosecution.

The 3rd case is a High Court ruling on a succession.

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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 she explains why and explains what recommended the alternative is.

29.50 She talks about the newly formed 'alumni association' that brings former bar members together.

31.00" She talks about The Bar opening a creche

32.30" She responds to recent media reports about a claimed initiative to encourage work for female barristers. Sara references to an 'equitable briefing' policy.

35.30" She gives some very interesting observations about court hearings online versus hearings 'in person'. She's firmly on the side of more cases being held 'in court' for sometimes surprising reasons.

42.00" Sara gives her recommendations for a film, Twelve Angry Men (1957) and her book recommendations are East West Street by Phillipe Sands and a second book by the same author, The Last Colony

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Presenters Mark Tottenham and Peter Leonard also discuss three further recent cases from the Decisis.ie casebook

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Gerard'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 BL and Mark Tottenham BL discuss some of the most interesting cases and judgements, drawn from the Decisis.ie casebook.

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Then we discuss many aspects of asylum law with Colm O'Dwyer SC, an expert in the area. As well as his views on the law Colm also talks about his relationship with actor Dominic West, his love of the TV series, The Wire and the movie The Goodfellas. Colm also recommends two books to lawyers and students of the law - Dr. Trever Redmond's 'Law of the European Union' and Sally Hayden's award winning book, 'My Fourth Time, We Drowned'.

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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.

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We start with a review of three cases from the Decisis.ie website including a case around seaweed harvesting and the foreshore. There's also a case involving insurance company Hiscox and the insurance of a play centre. Finally, a High Court judgement about child sexual abuse reporting and the HSE.

This week's VIP interview is with Keith Walsh Walsh, solicitor and SC. He brings us up to date on what's happening in his specialist area, family law, including two newer issues, those concerning separations and divorces of same-sex couples where he observes cases involving above average wealth. And while on the subject of wealth, he has also seen a rise in cases concerning couples where one or both parties are working with (typically) tech companies where part of the remuneration is paid in shares which throws up issues of vesting and valuation and timing.

We're only on Episode 4 of the weekly podcast but for the 2nd time, in his choice of a book recommendation for those interested in matters legal, Keith recommends Ruadhán Mac Cormaic's book, The Supreme Court.

And congratulations to Ruadhán also for having been named Editor of the Irish Times.

Please SHARE this podcast with your colleagues.

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Simon, who has authored two books, is renowned for his work inn medical negligence (aka 'medneg') cases and here he discusses issues arising in fantastic detail. This episode is a 'must listen to' not just for those in the law, but for those working across all of medicine, as well as physiotherapists, opticians and those in allied professions. Among the many things Simon mentions is the absolute importance of an apology in many cases. It can make a very big difference.

We ask our guests for their favourite books, music or films that they would recommend to those in the law. Simon says he hates legal depictions in the movies, with the notable exception of the courtroom scene in 'To Kill a Mockingbird' which he recommends. He also loves teh book, The Tyrannicide Brief: The Story of the Man who sent Charles I to the Scaffold

On Episode 3 we also discuss some current notable cases, including the intriguing case of the banana as 'art'.

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• Keating V Shannon Foynes Port Company (Mr Justice Sanfey)
• DPP V Flynn
• DPP V Kinsella

Karyn 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...

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