The Fifth Court
- Episodios
- 171
- Se publica
- cada semana
- Último episodio
- 9 Nov 2026
Sobre el podcast
This is no ordinary courtroom, this is Ireland's legal podcast, presented by the multi-award winning team of Peter Leonard BL and Mark Tottenham BL
Hosted on Acast. See acast.com/privacy for more information.
Episodios 171
E158: Ronan McGreevy — The Secret in Seán Lemass's Past That History Missed
AT 16, SEÁN LEMASS ACCIDENTALLY SHOT HIS BABY BROTHER. WHY DID FIVE OR SIX BIOGRAPHIES MISS IT?RONAN MCGREEVY ON THE EXTRAORDINARY STORY OF IRELAND'S MOST CONSEQUENTIAL TAOISEACH.What did Seán Lemass really …
Notas del episodio
AT 16, SEÁN LEMASS ACCIDENTALLY SHOT HIS BABY BROTHER. WHY DID FIVE OR SIX BIOGRAPHIES MISS IT?
RONAN MCGREEVY ON THE EXTRAORDINARY STORY OF IRELAND'S MOST CONSEQUENTIAL TAOISEACH.
What did Seán Lemass really think? And what has history overlooked?
Irish Times journalist and author Ronan McGreevy joins Peter Leonard and Mark Tottenham at the Kilkenny Law Festival to discuss Seán Lemass: The Lost Memoir — including a shocking discovery about Lemass's teenage years, his role in the revolutionary period, Bloody Sunday, his relationship with de Valera and the economic transformation of Ireland.
Plus, three legal cases: a disputed family guarantee, the evidence of a protected witness who admitted perjury, and the High Court's approach to capacity and vulnerability.
THE FIFTH COURT — No Ordinary Courtroom, presented by Peter Leonard and Mark Tottenham.
The legal cases section of this episode is sponsored by Charltons Solicitors, of Dún Laoghaire, Dublin — solicitors and collaborative practitioners specialising in family law, civil litigation, property, wills and probate.
CHAPTERS
00:00 Welcome to The Fifth Court
02:13 The legal cases: family guarantees, protected witnesses and capacity
05:20 Ronan McGreevy at the Kilkenny Law Festival
06:09 Ronan's books and the Seán Lemass story
07:14 The lost memoir: 23 interviews and 22 hours of recordings
10:51 Seán Lemass's early life on Capel Street
12:50 The extraordinary discovery about Lemass's baby brother
16:25 Lemass and the 1916 Rising
18:07 Bloody Sunday: did Lemass kill Geoffrey Bagley?
20:11 The Treaty and the Civil War
21:41 The killing of Lemass's brother Noel
24:12 The extraordinary libel case and the Hospital Sweepstakes
25:59 Lemass and de Valera: a political partnership
28:44 Building Irish industry
34:56 The Lemass years and Ireland's economic crisis
37:18 Opening Ireland to foreign investment
39:20 Ireland, Europe and the EEC
42:44 Lemass reaches out to Northern Ireland
46:16 What Lemass thought of John F. Kennedy
47:56 Why Lemass left office
49:15 Charles Haughey: the son-in-law question
51:59 The private life of Seán Lemass
53:26 Closing the interview
ABOUT THE GUEST
Ronan McGreevy is a journalist with The Irish Times and an author and editor of several books on Irish history. His books include Wherever the Firing Line Extends: Ireland and the Western Front, Great Hatred: The Assassination of Field Marshal Sir Henry Wilson and Seán Lemass: The Lost Memoir.
ABOUT THE FIFTH COURT
The Fifth Court explores legal affairs, landmark cases, the people behind the law and the stories that shape Ireland.
Presented by Peter Leonard, barrister and mediator, and Mark Tottenham, barrister and trust and estate practitioner.
Recorded at the Kilkenny Law Festival.
Listen, follow and share The Fifth Court. If you enjoy the show, please leave a rating and review.
Hosted on Acast. See acast.com/privacy for more information.
A private invitation to a special Fifth Court recording
This is a SPECIAL PRIVATE INVITATION to our listeners to join us at a recording in the dlr LexIcon Library Haigh Terrace, Moran Park, Dún Laoghaire, County Dublin. Eircode: A96 H283 on the 26th November, 2026 …
Notas del episodio
- This is a SPECIAL PRIVATE INVITATION to our listeners to join us at a recording in the dlr LexIcon Library Haigh Terrace, Moran Park, Dún Laoghaire, County Dublin. Eircode: A96 H283 on the 26th November, 2026.
Hosted on Acast. See acast.com/privacy for more information.
E157 — All You Need Is Law: The Beatles’ Legal Battles with Jason Carty
The Beatles changed music. Their lawyers had plenty to do afterwards.Jason Carty, co-host of the acclaimed Beatles podcast Nothing Is Real, joins Peter Leonard BL and Mark Tottenham BL for a special edition of …
Notas del episodio
The Beatles changed music. Their lawyers had plenty to do afterwards.
Jason Carty, co-host of the acclaimed Beatles podcast Nothing Is Real, joins Peter Leonard BL and Mark Tottenham BL for a special edition of The Fifth Court, recorded live at Electric Picnic.
From Come Together and Chuck Berry to My Sweet Lord and subconscious copying, Jason explores the legal disputes behind some of the most familiar songs ever recorded.
Along the way:
- How the Come Together dispute led to a settlement, missing recordings and a mail-order John Lennon album.
- Why Paul McCartney’s approach to legal advice gave him greater freedom to create.
- Who gets a songwriting credit — and who gets left out.
- George Harrison, Ringo Starr and a recording that did not go down particularly well.
- Allen Klein’s extraordinary role in the My Sweet Lord litigation.
- How the Rutles’ Beatles parodies acquired Lennon–McCartney songwriting credits.
- Neil Innes, Oasis and a rather satisfying publishing twist.
Also on this episode: three cases from Decisis.ie
- The People v JL: Could an accused put a prepared statement denying an offence before the jury without facing cross-examination?
- Corrigan v Redmond: Does holding a power of attorney give a non-lawyer the right to represent someone in court?
- O’Leary, a minor, v Airtastic Cork Limited: CCTV contradicted the account of a trampoline injury, and the claim failed.
The Decisis.ie case-law section is sponsored by Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire.
Jason’s podcast: nothingisrealpod.com
Follow The Fifth Court on your podcast app — and share this episode with the Beatles fan who thinks they have heard every story.
Hosted on Acast. See acast.com/privacy for more information.
Episode 156: Paul Howard — A united Ireland. But whose flag, whose anthem, whose rules?
E156 | Paul Howard: A united Ireland. But whose flag, whose anthem, whose rules?Would you vote for a united Ireland if it meant changing the flag? The national anthem? The Constitution?And should we settle …
Notas del episodio
E156 | Paul Howard: A united Ireland. But whose flag, whose anthem, whose rules?
Would you vote for a united Ireland if it meant changing the flag? The national anthem? The Constitution?
And should we settle those questions before asking people to vote?
On Episode 156 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL welcome Paul Howard, creator of Ross O’Carroll-Kelly, to discuss his new satirical novel, A Nation Once Again.
Its premise: a fictional government department has been preparing for Irish unity since 1958. Turning the aspiration into an actual plan proves rather more complicated.
Paul describes himself as agnostic on reunification and open to persuasion. He explains why the argument needs to move beyond green versus orange, why compromise may leave everyone slightly dissatisfied, and why a premature border poll could set the project back for a generation.
Along the way:
• The solicitor’s letter over a 50-word rugby report that helped inspire Ross O’Carroll-Kelly’s lawyer.
• Why comedy can open up conversations that serious political debate struggles to reach.
• Flags, anthems, policing and the practicalities of bringing two systems together.
• Why Ireland’s Call might offer an unlikely lesson in compromise.
• Paul’s prediction of a border poll within ten years—and Mark’s reasons for disagreeing.
The Decisis case review
Peter and Mark also discuss three Irish decisions from Decisis.ie:
• Merck Serono S.A. v The Controller of Intellectual Property: an unsuccessful appeal concerning a supplementary protection certificate for a medicine.
• Minister for Justice v Curtin: surrender to the UK, errors in a warrant and objections concerning prison conditions.
• Kerr v Moran: joint tenancy, intended ownership arrangements and the refusal to dismiss a solicitors’ negligence claim as statute-barred.
The case-law section is sponsored by Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire, whose services include family law, civil litigation, property, wills and probate.
Paul’s recommendations:
• Death in the City of Light — David King.
• I, Fatty — Jerry Stahl.
• Intermission — his favourite comfort film, accompanied by a wonderful story about meeting Colm Meaney.
Presented by Peter Leonard BL and Mark Tottenham BL.
Follow The Fifth Court and share this episode with someone who enjoys a good argument.
Hosted on Acast. See acast.com/privacy for more information.
E155 – THE END OF THE BILLABLE HOUR? Larry Fenelon on AI, legal jobs and reinventing the law firm
THE BILLABLE HOUR IS UNDER ATTACK. AND AI COULD CHANGE THE LEGAL PROFESSION FOREVER.What happens when one of Ireland's most innovative solicitors decides to throw out the traditional rulebook?Larry Fenelon SC …
Notas del episodio
THE BILLABLE HOUR IS UNDER ATTACK. AND AI COULD CHANGE THE LEGAL PROFESSION FOREVER.
What happens when one of Ireland's most innovative solicitors decides to throw out the traditional rulebook?
Larry Fenelon SC, founder of Fenecas Law and previously of Leman Solicitors, joins Peter Leonard BL and Mark Tottenham BL on Episode 155 of The Fifth Court.
He's built a litigation-only firm that doesn't record billable hours, embraces artificial intelligence and believes the Irish legal profession needs to move much faster.
And his numbers are extraordinary.
Five hours of document preparation reduced to five minutes.
Ten employees doing work he believes might otherwise require 20–22 people.
Fixed-fee arrangements instead of the traditional six-minute billing clock.
Larry also reveals:
- Why increasing his previous law firm from 25 to 55 people didn't necessarily increase profits.
- How Leman Solicitors became part of international law firm Ogier.
- Why AI is forcing lawyers to rethink how they charge clients.
- Why paper-based court processes are increasingly unsustainable.
- Why Ireland could become a major international arbitration centre, competing with London, Paris, Vienna and Stockholm.
- Why he believes Ireland's legal professionals can compete with the best in the world.
There's also a remarkable personal story, from working in his family's meat business and studying at the University of Limerick to building, merging and then starting a law firm all over again.
Plus: the Decisis Law Reports case review
Peter and Mark examine three important decisions:
- T.O. v HSE — a child's access to weight-loss medication and a challenge to the HSE's refusal to fund treatment.
- L.M. v N.O.M. — children wrongfully retained in Ireland following a holiday visit, and their return to South Africa under the Hague Convention.
- The People v C.U. — admissions made by a 17-year-old during Garda questioning and whether those admissions were admissible in evidence.
The Decisis case-law review is proudly sponsored by Charltons Solicitors and Collaborative Practitioners, George's Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.
Presented by Peter Leonard BL and Mark Tottenham BL.
The Fifth Court. No Ordinary Courtroom.
Follow and subscribe wherever you get your podcasts.
Hosted on Acast. See acast.com/privacy for more information.
E109 The Fifth Court - retired High Court judge, Bernard Barton RIP
As the multitude of tributes have shown Bernard was not only a highly respected Judge and member of the Law Library, but was an absolute gentleman, known for his kindness, warmth, and great sense of fun. This …
Notas del episodio
As the multitude of tributes have shown Bernard was not only a highly respected Judge and member of the Law Library, but was an absolute gentleman, known for his kindness, warmth, and great sense of fun. This we experienced in abundance when he joined us as a guest on the The Fifth Court podcast.
In what was one of our most popular episodes, Bernard’s charm and infectious enthusiasm for law and life shone through.
Accordingly , we are re-releasing this episode in tribute to this wonderful man.
Hosted on Acast. See acast.com/privacy for more information.
E154 The Fifth Court: John Freeman BL — Central Bank Power, Personal Accountability and Fair Procedures
Peter Leonard BL and Mark Tottenham BL are joined by John Freeman BL, author of The Central Bank Acts: A Commentary.John explains the modern role of the Central Bank of Ireland and how financial regulation has …
Notas del episodio
Peter Leonard BL and Mark Tottenham BL are joined by John Freeman BL, author of The Central Bank Acts: A Commentary.
John explains the modern role of the Central Bank of Ireland and how financial regulation has changed since the banking crisis. The discussion examines the increased focus on individual accountability within financial institutions, including how responsibility is assigned to particular executives and decision-makers.
They also consider:
- The Central Bank’s investigative and enforcement powers
- Personal responsibility for regulatory failures
- Fines, suspensions and exclusion from the financial services industry
- The effect of the Zalewski judgment on regulatory hearings
- Fair procedures when the regulator investigates and adjudicates
- Appeals to the Irish Financial Services Appeals Tribunal and the High Court
- The independence of the Central Bank
- The relationship between the Central Bank of Ireland and the European Central Bank
- Why the Central Bank Acts have become so difficult to navigate
John also discusses the work involved in writing a major legal commentary, the growing use of Irish within the legal profession and his interest in French revolutionary legal history.
Before the interview, Peter and Mark review three recent decisions from Decisis.ie:
- An unlawful repossession of a family home resulting in an award of €20,000 in damages
- Planning permission quashed because inadequate provision had been made for children’s play facilities
- A constitutional challenge concerning temporary release and a mandatory minimum sentence for serious drug offences
The Decisis.ie case-law section is sponsored by Charltons Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.
Presented by Peter Leonard BL and Mark Tottenham BL.
Hosted on Acast. See acast.com/privacy for more information.
E153 The Fifth Court - Who Really Built Ireland's Legal System? Daire Hogan on Judges Who Shaped Irish History
For more than a century, Ireland's judges shaped the country's politics, business, land ownership and legal system.But who were they?On Episode 153 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are …
Notas del episodio
For more than a century, Ireland's judges shaped the country's politics, business, land ownership and legal system.
But who were they?
On Episode 153 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by legal historian Daire Hogan, former McCann FitzGerald partner, former President of the Irish Legal History Society and author of the remarkable new book The Judges of Ireland 1866–1921.
It's a fascinating conversation about Victorian Ireland, judicial power, Westminster politics, the Four Courts, Home Rule, the birth of the modern legal system and some extraordinary judicial personalities whose influence is still felt today.
Along the way they discuss:
• why 1877 completely changed Irish courts
• the astonishing political influence behind judicial appointments
• why some judges nearly sailed on the Titanic
• how Irish judges were viewed in London
• the origins of today's High Court and Court of Appeal
• what legal history tells us about modern Ireland
Before Daire Hogan joins Peter and Mark, Mark reviews three important recent decisions from Decisis, kindly brought to listeners with the support of Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.
The featured cases include:
- Adoption without parental consent
- Security for costs
- Legal professional privilege and shareholder rights
Hosted on Acast. See acast.com/privacy for more information.
E152 The Fifth Court - Jimmy Wales, Wikipedia founder, on trust, AI and why the internet still needs rules
Episode 152 of The Fifth Court features a very special guest: Jimmy Wales, founder of WikipediaInterviewed by Mark Tottenham BL at Dalkey Book Festival.This is not just a tech-founder interview. It is a …
Notas del episodio
Episode 152 of The Fifth Court features a very special guest: Jimmy Wales, founder of Wikipedia
Interviewed by Mark Tottenham BL at Dalkey Book Festival.
This is not just a tech-founder interview. It is a fascinating conversation about law, trust, neutrality, rules, evidence, platform responsibility, AI hallucinations, volunteer communities, public knowledge and why Wikipedia has survived while much of the internet has become angrier, noisier and less trusted.
Jimmy explains why Wikipedia’s neutral point of view matters, why “assume good faith” is more practical than naïve, how Wikipedia deals with vandalism, why AI can invent very convincing false sources, why WikiNews did not work, and why Wikipedia avoided the advertising model that turned so much of the web into clickbait.
Jimmy's cultural recommendation, a book by the late author Ray Bradbury, 'Something Wicked this Way Comes'.
Before the interview, Peter Leonard BL and Mark Tottenham BL discuss three recent cases from the Decisis Casebook, sponsored by Charltons Solicitors & Collaborative Practitioners: the Supreme Court on “no foal, no fee” and conditional fee arrangements; a drink-driving blood-specimen chain-of-custody case; and a murder conviction quashed because of an unbalanced judicial charge to the jury.
00:00 – Intro: Episode 152
01:47 – Decisis Casebook sponsor: Charltons Solicitors & Collaborative Practitioners
02:00 – “No foal, no fee” and conditional fee arrangements
03:29 – Drink-driving conviction and blood-specimen chain of custody
04:34 – Murder conviction quashed over judicial charge to jury
06:03 – Jimmy Wales interview begins
06:43 – Why Wikipedia was hard to compete with
07:58 – Neutral point of view and controversial topics
09:49 – How Wikipedia’s rules developed
11:40 – Volunteer communities and optimism about people
15:12 – Why a wiki works for an encyclopedia, but maybe not for poetry
17:03 – Why Wikipedia is vandal-proof
18:30 – Jimmy Wales: “Queen Elizabeth II, not Henry VIII”
20:07 – Arbitration committees and Wikipedia governance
21:24 – Wikipedia in 150–300 languages
23:31 – What workplaces can learn from volunteers
29:06 – Audrey Tang, Taiwan and digital consensus
32:10 – “Assume good faith”
34:25 – ChatGPT, fake ISBNs and made-up legal cases
37:17 – Law enforcement and good faith
39:03 – Why WikiNews did not really work
44:12 – Constitutional change and institutional deadlock
49:37 – Platforms, publishers and free speech
50:25 – Why Wikipedia did not become an ad machine
53:04 – Jimmy Wales’ book recommendation: Something Wicked This Way Comes
54:33 – Outro
Hosted on Acast. See acast.com/privacy for more information.
E151 The Fifth Court - Peter Charleton Part 2: what judges really worry about
In Part 2 of our extended interview with retired Supreme Court judge Mr Justice Peter Charleton, Peter Leonard BL and Mark Tottenham BL continue a remarkable conversation about life at the Bar, life on the …
Notas del episodio
In Part 2 of our extended interview with retired Supreme Court judge Mr Justice Peter Charleton, Peter Leonard BL and Mark Tottenham BL continue a remarkable conversation about life at the Bar, life on the Bench, and life after the Supreme Court.
Peter Charleton speaks about the reality of appearing in high-profile criminal cases, the discipline of addressing juries, why a good advocate must be able to hold attention, and why, in court, “your job is basically to stay on the horse”.
He discusses the emotional weight of criminal work, the dangers of lawyers mistaking themselves for victims, the Morris Tribunal, the call to the High Court, the pressure of judgment writing, and the move from sitting alone in the High Court to deciding cases with colleagues in the Supreme Court.
There is also a fascinating discussion on the length of modern judgments, why digital searches are different from physical searches, how Supreme Court judges deal with disagreement, and whether advocacy still matters in an age of written submissions.
And, in a lovely final turn, Peter Charleton reflects on retirement, family, music, film, War and Peace, Clint Eastwood, and why music, in his view, is a higher form of reasoning than law.
Before the interview, Mark and Peter discuss three recent cases from the Decisis.ie casebook, with thanks to the sponsor of the Decisis casebook discussion, Charltons Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, who specialise in family law, civil litigation, property, wills and probate.
LSRA v O’Brien
A solicitor was prohibited from practising in his own right for 10 years following serious misconduct and repeated non-compliance with undertakings. The High Court stressed that its role in reviewing LSRA determinations is not a rubber-stamping exercise.
LSRA v Salabi
An overseas lawyer seeking to practise in Ireland could not rely on Belgian professional indemnity cover. The court held that the foreign cover did not meet the Irish regulatory requirements.
Foreign Births Register citizenship challenge
A challenge to the requirement that foreign-born children be registered on the Foreign Births Register before acquiring Irish citizenship was rejected, with the court finding no particular injustice in the requirement.
CHAPTERS
00:00 Introduction and Part 2 preview
00:48 Decisis casebook discussion, sponsored by Charltons Solicitors and Collaborative Practitioners
03:49 Peter Charleton interview resumes
04:31 High-profile criminal cases and staying on the horse
05:15 Addressing juries and holding attention
07:13 Worrying about cases and professional regret
08:08 Criminal work, vicarious trauma and perspective
09:03 The Morris Tribunal and Donegal
10:37 The call to the High Court
11:43 Why judging was not easier than being a barrister
13:48 How to write a judgment
15:46 Are modern judgments too long?
18:07 Digital searches and privacy
19:52 Moving from the High Court to the Supreme Court
20:22 Keeping an open mind on appeal
21:30 Overturning colleagues and why it is not personal
23:45 Irish courts, US courts and the politics of judging
26:26 Is great advocacy dead?
28:38 Retirement from the Supreme Court
30:41 Life after the Bench
31:22 Music, law and philosophy
32:47 Film and book recommendations
34:45 Closing thanks
Hosted on Acast. See acast.com/privacy for more information.
E150 The Fifth Court - Mr Justice Peter Charleton: law, crime, music and the nature of evil
The Fifth Court marks Episode 150 with Part 1 of a wide-ranging conversation with recently retired Supreme Court judge, Peter Charleton.To mark Episode 150 of The Fifth Court, Peter Leonard BL and Mark …
Notas del episodio
The Fifth Court marks Episode 150 with Part 1 of a wide-ranging conversation with recently retired Supreme Court judge, Peter Charleton.To mark Episode 150 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Peter Charleton, recently retired from the Supreme Court.
In Part 1 of this extended interview, he reflects on republicanism and nationalism, growing up near Seán Lemass and Theodore Kingsmill Moore, music, Trinity, the King’s Inns, devilling with Peter Sutherland, early years at the Bar, criminal law, defending accused persons, and the deeper questions of crime, morality and human nature.
It is a thoughtful, personal and sometimes unexpectedly funny conversation with one of Ireland’s best-known jurists.
Before the interview, Mark and Peter discuss three recent cases from the Decisis.ie casebook.
The Decisis.ie case-law section is sponsored by Charlton Solicitors and Collaborative Practitioners of Dún Laoghaire.Case 1: The High Court quashed a District Court judge’s refusal to convict in speed-limit cases, holding that judges must apply the law rather than substitute their own views on whether limits are fair.
Case 2: In DPP v O’Hara, the Court of Appeal upheld a murder and burglary conviction, rejecting challenges to DNA and search-warrant evidence.
Case 3: In a Hague Convention child-abduction case, the court refused to return a child to New Zealand because of concerns about the mother’s depression and risk of relapse.
This is Part 1 of a two-part interview. Part II will be posted next week.
Hosted on Acast. See acast.com/privacy for more information.
E149 The Fifth Court - Bridget Hourican on Frank Callanan’s Joycean masterpiece
Bloomsday Special: The secret political life of James Joyce — and Frank Callanan’s final masterpieceWas James Joyce really apolitical?For decades, many scholars claimed Ireland's greatest writer stood apart …
Notas del episodio
Bloomsday Special: The secret political life of James Joyce — and Frank Callanan’s final masterpiece
Was James Joyce really apolitical?
For decades, many scholars claimed Ireland's greatest writer stood apart from politics.
Frank Callanan disagreed.
Before his untimely death, the renowned barrister, historian and Parnell scholar spent 25 years researching what became his final work: James Joyce: A Political Life.
In this special Bloomsday episode of The Fifth Court, Bridget Hourican joins Peter Leonard and Mark Tottenham to discuss Frank's extraordinary final book, his lifelong fascination with Joyce, Parnell, Irish nationalism, exile, censorship and the political forces that shaped modern Ireland.
The conversation also becomes a moving tribute to Frank himself — one of the most beloved and intellectually gifted members of the Law Library.
Among the topics discussed:
- Why Frank spent 25 years researching Joyce
- The political meaning hidden inside Ulysses and Dubliners
- Joyce's obsession with Parnell
- Why Dublin publishers burned copies of Dubliners
- Joyce, censorship and Irish respectability
- Why Joyce left Ireland and never truly returned
- Frank Callanan's remarkable legal and academic career
- The challenge of completing a 900-page masterpiece after his death
For anyone interested in law, literature, Irish history or Bloomsday, this is a fascinating conversation.
Book recommendation:
James Joyce: A Political Life by Frank Callanan
Decisis casebook section sponsored by Charlton Solicitors & Collaborative Practitioners.
1. The runaway truck case
Duggan v Logan (Mr Justice Oisín Quinn)
A driver was seriously injured when a truck rolled out of a filling station and into traffic with nobody behind the wheel after the driver failed to apply the handbrake.
Why it matters:
The High Court awarded damages of approximately €128,000 and provides a reminder that leaving a vehicle unsecured can create liability even when the driver is physically absent from the vehicle.
2. Turkish worker wins immigration rights challenge
Ozek v Minister for Justice (Mr Justice Simons)
A Turkish migrant worker successfully challenged the Minister's refusal to properly backdate an immigration permission.
Why it matters:
The Court found that EU-derived worker protections had not been correctly applied, reinforcing the importance of protecting migrant workers' rights under European law.
3. Mother and Baby Institutions Redress Scheme
Kiernan (otherwise John Duncan Morris) v Minister for Children (Mr Justice Owens)
A claimant challenged a decision that certain institutions were not covered by the Mother and Baby Institutions Payment Scheme.
Why it matters:
The Court held that the legislation should be interpreted more broadly and that the applicant was entitled to seek redress under the scheme. The decision may affect how eligibility is assessed in future claims.
Hosted on Acast. See acast.com/privacy for more information.
E148 The Fifth Court - Peter Shanley SC -Barristers Direct, legal access & barristers as entrepreneurs
Episode 148, The Fifth CourtPeter Shanley SC on Barristers Direct, legal access and barristers becoming entrepreneursPeter Leonard BL and Mark Tottenham BL are joined by Peter Shanley SC, founder of Barristers …
Notas del episodio
Episode 148, The Fifth Court
Peter Shanley SC on Barristers Direct, legal access and barristers becoming entrepreneurs
Peter Leonard BL and Mark Tottenham BL are joined by Peter Shanley SC, founder of Barristers Direct.
Peter explains how changes under the Legal Services Regulation Act opened the door to direct access to barristers in non-contentious matters, why Barristers Direct was created, and how the service works for individuals, companies, in-house counsel and solicitors.
He also talks family legal dynasty, rugby, the late Peter Shanley, direct access, AI note-taking, probate, employment law, defamation, and why solicitors may actually benefit from the service.
The Decisis.ie case-law section, sponsored by Charlton Solicitors & Collaborative Practitioners of George’s Street, Dún Laoghaire, covers:
A suspended trade union member allowed to contest an Executive Council election
A Hague Convention child-return case involving Ireland and Poland
Citizenship refusals based on historic criminal convictions
Hosted on Acast. See acast.com/privacy for more information.
E147 The Fifth Court - John O’Donnell SC on Law, Literature and Life
ON this episode of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by John O’Donnell SC — one of the Bar’s leading advocates… and one of Ireland’s most quietly brilliant writers. This is a …
Notas del episodio
ON this episode of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by John O’Donnell SC — one of the Bar’s leading advocates… and one of Ireland’s most quietly brilliant writers. This is a conversation that moves from the Four Courts to the writing desk — and back again.
We step into a different courtroom entirely — the imagination.
John O’Donnell SC discusses:
- Winning the Francis McManus Short Story Award
- Writing Mr. Who — a story inspired by a real criminal case
- The discipline of writing daily at 6:30am
- Why short stories thrive in Ireland
- And his upcoming novel Second Skin
This is law, but not as you expect it.
We begin, as always, with the Decisis casebook section, sponsored by Charlton Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire, covering:
1. Teaching Council v CD
A school principal steals up to €100,000… and is NOT struck off. Why? Gambling addiction, remorse, and the court’s willingness to give a second chance.
2. Pepper Finance Corporation v Ward
A default judgment overturned… after SEVEN years. Solicitor misconduct, delay, and “special circumstances” collide.
3. O’Callaghan v O’Callaghan
A family hotel empire tears itself apart. Misrepresentation vs arbitration — and why the court said: “Off you go… to arbitration.”
Chapters00:00 – Intro
02:00 – Decisis Sponsor: Charlton Solicitors & Collaborative Practitioners
02:15 – Case 1: Teacher theft & second chances
05:30 – Case 2: Default judgment after 7 years
08:00 – Case 3: Family hotel war & arbitration
10:30 – John O’Donnell SC interview begins
18:00 – From barrister to poet
25:00 – Writing discipline: 6:30am starts
32:00 – Mr. Who: crime, imagination, and narrative
40:00 – Law as inspiration for fiction
50:00 – Poetry reading
57:00 – Fastnet Film Festival & courtroom dramas
01:02:00 – Close
Hosted on Acast. See acast.com/privacy for more information.
E146 The Fifth Court - Your Reputation on Trial — And Why the Rules Are Changing - John Kerr
Your Reputation on Trial — And Why the Rules Are ChangingThis is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK …
Notas del episodio
Your Reputation on Trial — And Why the Rules Are Changing
This is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK, and about a legal system that is about to change in a very big way.
John Kerr — barrister, defamation specialist, and colleague — joins us to talk about:
- What it was like living through the Troubles with security at the front gate
- Why his father became the “Great Dissenter” in the UK Supreme Court
- The truth about defamation cases — and why juries may be scrapped
- And what happens when your reputation becomes your livelihood
Plus:
Three fascinating Decisis cases including dead-person defamation, missing expert witnesses, and multi-million euro stud fees. Decisis is brought to you thanks to Charltons Solicitors and Collaborative Practitioners.
defamation law Ireland, jury trials Ireland, Brian Kerr judge, UK Supreme Court law lords, Irish barristers, Paul Tweed defamation, legal podcast Ireland, Fifth Court podcast, Irish courts cases, Decisis cases Ireland, John Kerr barrister, freedom of expression law
TIMELINE
00:00 Intro + Decisis sponsor mention
02:00 Defamation after death — can you sue?
05:15 Lost expert witness — trial goes ahead anyway
08:30 Coolmore stud fees — big money, no excuses
12:00 John Kerr — defamation specialist
14:00 Growing up in Northern Ireland during the Troubles
17:00 Armed guards, relocation, and real risk
20:00 The career of Lord Kerr — last Law Lord
25:00 The “Great Dissenter” — why minority judgments matter
30:00 From solicitor to barrister — taking the leap
34:00 Defamation reform — are juries finished?
40:00 Big awards, big problems — reality vs headlines
47:00 International defamation and celebrity cases
50:00 Book & film recommendations
Hosted on Acast. See acast.com/privacy for more information.
E145 The Fifth Court - Verona Murphy - From leaving home at 14 to Ceann Comhairle, Dáil Éireann
The "referee" of Irish politics: Verona Murphy on power, pressure and running the DáilWhat actually happens when you’re handed the whistle in Irish politics?On Episode 145 of The Fifth Court, hosts Peter …
Notas del episodio
The "referee" of Irish politics: Verona Murphy on power, pressure and running the DáilWhat actually happens when you’re handed the whistle in Irish politics?
On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil.
This is not a standard political career story.
From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle.
Inside this conversation:
- What the Ceann Comhairle actually does (it’s far, far bigger than you think)
- Why the job is effectively 24/7
- How legislation really moves (or doesn’t) inside the Dáil
- The reality of managing conflict, egos and political theatre
- Why many TDs don’t understand the system they operate in
- The truth about independence in Irish politics
Plus:
- Brexit through the eyes of the haulage industry
- Why respect (or lack of it) is crippling key sectors
- And the surprising power behind “standing orders”
Decisis Case Round-Up (with thanks to our sponsor)
This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.
Cases discussed:
1. Student A v Trinity College Dublin
Can you stay anonymous if accused of academic misconduct?
The High Court says: almost never.
2. Hegarty & Others v Revenue Commissioners
Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason.
3. G v G (Child Abduction Case)
A 22-month-old taken from the US to Ireland — and the court orders the child back.
Subscribe, follow, and share.
Because law — like politics — only makes sense when someone explains it properly.
Hosted on Acast. See acast.com/privacy for more information.
E144 The Fifth Court - Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law
Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the lawIn this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr …
Notas del episodio
Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law
In this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell.
Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings.
The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood.
The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history.
Decisis Case NotesWith 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
- 00:05:54 – Introduction to Mr Justice Brian Cregan
- 00:23:05 – Parliamentary obstruction and the mechanics of power
- 00:31:42 – The Pigott cross-examination and the Special Commission
- 00:37:20 – The O’Shea divorce proceedings and political consequences
- 00:42:56 – Parnell and O’Connell compared
Hosted on Acast. See acast.com/privacy for more information.
E143 The Fifth Court - Máirín de Búrca, once more in front of the courts
Máirín De Búrca is in front of the courts again | The Fifth CourtThere 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 …
Notas del episodio
Máirín De Búrca is in front of the courts again | The Fifth Court
There are some names that belong in the footnotes of Irish history. Máirín De Búrca belongs in the headlines.
In this very special episode of The Fifth Court, Peter Leonard and Mark Tottenham visit Máirín at home to talk about a life that took her from Chicago and Newbridge to housing protests, anti-apartheid activism, women’s liberation, prison, and one of the most important constitutional cases of the 1970s.
Yes, Máirín De Búrca is in front of the courts again.
This time she faces The Fifth Court where she tells the story behind the famous De Búrca and Anderson case, the challenge that exposed the absurdity of all-male, property-owning juries and helped change Irish law for good.
This is a warm, funny, vivid and deeply important conversation about activism, law, protest, courage and a very different Ireland.
Also in this episode, in the Decisis case round-up, Mark and Peter discuss three striking recent decisions:
Kelly v An Bord Pleanála, where approval for a bus stop outside a home was quashed over privacy and safety concerns;
Q v O, an interim access case involving a non-parent in a same-sex family despite the absence of a professional report on the child’s wishes;
and In Re Tusker Property Holdings, where reckless and fraudulent trading led to personal liability, disqualification and costs orders.
The Decisis section is proudly sponsored by Charlton Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.
Hosted on Acast. See acast.com/privacy for more information.
E142 The Fifth Court - Garry O'Gorman, The Barrister Who Quit Law To Handicap Racehorses
The Barrister Who Quit Law To Handicap RacehorsesWhat 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 …
Notas del episodio
The Barrister Who Quit Law To Handicap Racehorses
What kind of person leaves the Law Library… and ends up becoming one of the most quietly powerful men in Irish racing?
Garry O’Gorman, that’s who.
ON Episode 142 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL meet the former barrister who swapped devilling and district courts for parade rings, pedigrees, handicap marks and the dark arts of Irish flat racing.
This is law with a glorious smell of turf, horse sweat and mild institutional mischief.
Garry explains:
- how he went from Trinity, King’s Inns and the Law Library into racing
- what a handicapper actually does
- how trainers try to outfox the system
- why only one horse can win, but 11 people can still blame the handicapper
- how Ireland became a global bloodstock superpower
- why racehorses, judges, barristers and forum shopping all belong in the same conversation
There is also talk of Phoenix Park Racecourse, Cheltenham, black type, appeals, legal gossip, and the delicious reality that in racing, some people are scandalised by a coup while secretly admiring it.
This is not one of your solemn legal episodes.
This is The Fifth Court going full gallop.
Decisis
The Decisis case notes on this week’s episode are supported by Charlton Solicitors and Collaborative Practitioners, George’s Street, Dún Laoghaire.
Hosted on Acast. See acast.com/privacy for more information.
E141 The Fifth Court - Mr Justice David Nolan - Advocacy, Independence and the Modern Bar
Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr …
Notas del episodio
Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141
On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr. Justice David Nolan of the High Court.
A former Chair of the Bar Council and long-standing advocate, Mr. Justice Nolan reflects on:
• The evolution of advocacy in Irish courts
• The importance of structured submissions
• The independence of the Bar
• International advocacy training and the Keble College model
• The transition from advocate to judge
This episode’s case review is supported by Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.
Cases discussed:
- DPP v Canavan — Common design and murder conviction appeal
- GG v HI — Maintenance arrears and post-divorce property orders
- Probate challenge (Court of Appeal) — Standing in will disputes
Hosted on Acast. See acast.com/privacy for more information.
E140 The Fifth Court - Eavanna FitzGerald - Founder of The Expert Witness Site
Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in …
Notas del episodio
Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140
On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in Irish litigation: expert witnesses are now under real judicial scrutiny.
Eavanna FitzGerald joins the show to explain why the traditional word-of-mouth system for sourcing experts is failing practitioners, and how courts are increasingly testing expert independence, competence and compliance with duties.
The episode also covers three Decisis.ie cases:
• Gorman v Lynch – proprietary / promissory estoppel claim against an estate dismissed as time-barred
• Minister for Justice v Balgova – European Arrest Warrant and strict approach to equivalence
• Pepper Finance DAC v O’Reilly – possession proceedings remitted due to insufficient proof of debt transfer
Sponsored by Charlton Solicitors and Collaborative Practitioners.
Follow, subscribe and share.
Hosted on Acast. See acast.com/privacy for more information.
E139 The Fifth Court - Tom Flynn SC, Planning judicial reviews, costs caps and access to justice
Episode 139 | Tom Flynn SC on planning judicial reviews, costs caps and access to justiceIn Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading …
Notas del episodio
Episode 139 | Tom Flynn SC on planning judicial reviews, costs caps and access to justice
In Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading planning and environmental law practitioner.
The discussion examines the State’s proposal to cap recoverable legal costs in planning judicial reviews, the policy rationale behind the measures, and the potential consequences for access to justice, equality of arms and Ireland’s obligations under the Aarhus Convention.
Key themes
- Judicial review and the reality behind infrastructure delay claims
- Proposed scale fees and their practical impact on applicants
- Environmental litigation, expert evidence and cost recovery
- Fairness, constitutional rights and public law accountability
Decisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors):
- Doyle v Buckley – payment out of client funds following prolonged costs disputes
- Criminal Assets Bureau v Humphreys – freezing orders where funds are partly tainted
- Criminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applications
Also
Nominations are now open for the Irish Law Awards, closing 20 March 2026.
Listen and Subscribe on all podcast platforms.
Hosted on Acast. See acast.com/privacy for more information.
E138 The Fifth Court - Mary McAleese, former Uachtarán na hÉireann
Episode 138 – Mary McAleese on the Rule of Law, Courage & DemocracyFormer President of Ireland Mary McAleese joins our hosts of The Fifth Court, Mark Tottenham BL and Peter Leonard BL, for a wide-ranging and …
Notas del episodio
Episode 138 – Mary McAleese on the Rule of Law, Courage & Democracy
Former President of Ireland Mary McAleese joins our hosts of The Fifth Court, Mark Tottenham BL and Peter Leonard BL, for a wide-ranging and deeply thoughtful conversation on the rule of law, human rights, judicial independence and democratic backsliding — drawing on her personal experience as a lawyer, academic and Head of State.
Recorded at a special Ireland Rule of Law International event in the Law Society, this episode reflects on:
- growing up during the Troubles
- the courage of lawyers and judges who upheld the rule of law at personal risk
- the Good Friday Agreement and constitutional change
- threats to democracy and judicial independence today
A compelling, humane and at times deeply moving discussion.
The episode also includes new cases from the Decisis.ie casebook and these cases are brought to you with thanks to our sponsor, Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.
If you value thoughtful legal discussion, please subscribe, share this episode, and recommend it to a colleague.
Hosted on Acast. See acast.com/privacy for more information.
Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law
Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of LawIn Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the …
Notas del episodio
Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law
In Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the most prominent human rights lawyers working on the island of Ireland today, Darragh Mackin, partner at Phoenix Law.
This live podcast at the Allingham Festival 2025 was sponsored by www.brianjmcmullin.com
Still in his thirties, Darragh Mackin has been at the centre of some of the most significant human rights and public law cases of recent decades, north and south of the Border. In this wide-ranging and deeply moving conversation, he discusses the lived reality of human rights litigation, the emotional weight of representing families over decades, and the importance of the rule of law when politics fails.
Topics include:
- The enduring significance of the Human Rights Act and the Good Friday Agreement
- Legacy inquests, including Ballymurphy and the Stardust
- The “hooded men” case and the meaning of torture under international law
- Acting in controversial cases and for unpopular clients
- The Northern Ireland Legacy Act and why it has united opposition across communities
- The role of lawyers when democratic institutions collapse or stall
The episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining:
- Company winding-up due to irretrievable breakdown between founders
- Sentencing in historic sexual offence cases
- Supreme Court rulings on compelled password disclosure and constitutional rights
The Decisis section is proudly supported by Charltons Solicitors, specialists in family law and mediation.
Recorded live at the Allingham Festival, Ballyshannon, this episode is a powerful exploration of law, justice and humanity.
Hosted on Acast. See acast.com/privacy for more information.
E136 The Fifth Court - PART II- Síofra O’Leary, former President of the European Court of Human Rights & Úna Ní Raifeartaigh, judge at the European Court of Human Rights
The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:• Síofra O’Leary, former …
Notas del episodio
The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook
Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:
• Síofra O’Leary, former President of the European Court of Human Rights
• Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights
This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.
Decisis Casebook segment:
Three further Irish decisions are discussed:
- DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction
- E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes
- Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred
Presented by Peter Leonard BL and Mark Tottenham BL.
Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners.
Hosted on Acast. See acast.com/privacy for more information.
E135 The Fifth Court - Síofra O’Leary, former President of the European Court of Human Rights & Úna Ní Raifeartaigh, judge at the European Court of Human Rights
The Fifth Court – Part 1: Ireland and the European Court of Human RightsPart 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.Síofra O’Leary …
Notas del episodio
The Fifth Court – Part 1: Ireland and the European Court of Human Rights
Part 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.
Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems.
Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook
Three recent Irish decisions are discussed, including
- Enforcement of a Danish arbitral award, with late-stage objections refused
- Judicial review refused of a decision not to transfer a prisoner to an open prison
- Security for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale
The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support.
Part 2 follows next week.
Hosted on Acast. See acast.com/privacy for more information.
E134 The Fifth Court - Austria’s Supreme Court President Georg Kodek - Why the Law Can’t Save the Planet
Courts, Climate & Common Sense – Austria’s Supreme Court President Georg Kodek on Why the Law Can’t Save the PlanetIn this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit …
Notas del episodio
Courts, Climate & Common Sense – Austria’s Supreme Court President Georg Kodek on Why the Law Can’t Save the Planet
In this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit down with Georg Kodek, President of the Austrian Supreme Court, during the European Law Institute Conference in Vienna.
He explains why courts can’t be expected to fix climate change – and why real solutions must come from politics and public conviction, not litigation.
From a Peruvian farmer’s lawsuit against German power plants to how TikTok might be used by the Austrian Supreme Court, Kodek discusses the limits of law in global challenges – and why judges must learn to speak to the public again.
But first, three fascinating Decisis.ie cases:
- DPP v Clark – Repeat firearm offender sees sentence increased from 6 to 7½ years.
- DPP v BK – Conviction of a mother set aside after court finds statements in a safeguarding assessment unreliable.
- Harford v Commissioner of An Garda Síochána – Judicial review dismissed where a criminal trial was deemed an adequate remedy.
Sponsored by Charltons Solicitors & Collaborative Practitioners, specialising in Family Law, Civil Litigation, Property, Wills and Probate.
Hosted on Acast. See acast.com/privacy for more information.
E133 The Fifth Court - Josepha Madigan — solicitor, former cabinet minister, family-law mediator — why mediation is gaining ground,
The Fifth Court — Episode 133 Presented by barristers Mark Tottenham and Peter Leonard.This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is …
Notas del episodio
The Fifth Court — Episode 133
Presented by barristers Mark Tottenham and Peter Leonard.
This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is gaining ground, what makes it work, and how practice culture is changing for clients and lawyers alike.
Then Mark and Peter review three recent Decisis cases (case-note segment sponsored by Charltons Solicitors & Collaborative Practitioners):
- A Court of Appeal judgment on alleged ineffective legal representation.
- A High Court ruling that quashed a same-day trial conviction on fair-trial grounds.
- A further decision testing procedural fairness and preparation time in summary proceedings.
Clear takeaways — and the practical implications for practitioners and clients.
Hosted on Acast. See acast.com/privacy for more information.
E132 The Fifth Court - Dame Siobhán Keegan, Lady Chief Justice of Northern Ireland, evaluating expert evidence in an age of AI
LCJ Keegan on the modern courtroom — AI, experts and leadershipOn Episode 132, The Fifth Court hosts Peter Leonard and Mark Tottenham have rare access to Dame Siobhán Keegan, the Lady Chief Justice of Northern …
Notas del episodio
LCJ Keegan on the modern courtroom — AI, experts and leadership
On Episode 132, The Fifth Court hosts Peter Leonard and Mark Tottenham have rare access to Dame Siobhán Keegan, the Lady Chief Justice of Northern Ireland, to discuss evaluating expert evidence in an age of AI and complex fact-finding, leadership on the bench, and the realities of administering justice in Belfast’s Royal Courts. The episode is recorded with her in the Royal Courts of Justice, LCJ Keegan flags her Macfadyen Lecture on evaluating the expert witness in the modern legal landscape—a timely frame for how courts should approach AI-assisted and technical testimony (provenance, transparency, methodology, limits).
Her cultural choice 'Is a River Alive?' by Robert Macfarlane, published by Hamish Hamilton
Plus, our case-law segment, drawn from the Decisis.ie casebook, covers a failed attempt to register a New York multi-billion judgment against Argentina in Ireland without locating Irish-sited assets, and the Court of Appeal’s approach to frivolous and vexatious challenges to demolition orders.
Sponsored by Charltons Solicitors and Collaborative Practitioners of Dublin
Hosted on Acast. See acast.com/privacy for more information.
E131 The Fifth Court - Kirk Offel, Mission-critical infrastructure expert; US Navy vet turned AI-ready datacentre CEO
E131 The Fifth CourtCo-host of the Fifth Court, Peter Leonard, BL, met with Kirk Offel at the Dublin Tech Summit, promoter of the 5th Industrial Revolution.'Data centres are the most important things to be …
Notas del episodio
E131 The Fifth Court
Co-host of the Fifth Court, Peter Leonard, BL, met with Kirk Offel at the Dublin Tech Summit, promoter of the 5th Industrial Revolution.
'Data centres are the most important things to be manufactured in the world'. That's Kirk's view and that's just the beginning of this terrific chat about all things AI and Data Centres.
Kirk is not your typical tech CEO. From a military family, a former US Navy submariner, nuclear-trained engineer, cancer survivor, and now founder of Overwatch Mission Critical, he brings a mix of discipline, resilience, and purpose to the fast-changing world of digital infrastructure. His company designs and delivers the data centres that make the cloud, AI, and mission-critical systems possible — what he likes to call “the sky for the cloud.”
You'll also learn everything you ever wondered about life in a submarine under the ocean...though some of what he's done he can't talk about.
Before that, Peter and Mark Tottenham, BL, examine notable recent court decisions featured on Decisis.ie including:
- A 'Proceeds of Crime' case and whether it should be reopened with new material comes to light?
- A case full of energy, including a windfarm, a hydrogen plant and turf-cutting.
- Another planning case, this one regarding an old paint factory that was being used to house migrants. It turned out to be a moot case.
Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.
Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.
Hosted on Acast. See acast.com/privacy for more information.
Aquí están los 40 episodios más recientes de 171. Los anteriores están en el feed del podcast.
Podcasts similares
Más podcasts de Educación
¿Es tu podcast?
Confírmalo con una entrada en tu feed: aquí recibes un código, lo añades como podcast:txt en el canal de tu feed y nosotros lo comprobamos. Después tu podcast aparecerá como «verificado» en SoundNode.