Podcast
The Fifth Court
Hosted by Peter Leonard BL Mark Tottenham BL · EN
Ireland's legal podcast, presented by the Law Society Award Winning team of Peter Leonard BL and Mark Tottenham BL
Hosted on Acast. See acast.com/privacy for more information.
10episodes
Episodes
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E151 The Fifth Court - Peter Charleton Part 2: what judges really worry about
1w ago00:35:40Tap to summarizeIn 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’BrienA 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 SalabiAn 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 challengeA 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.CHAPTERS00:00 Introduction and Part 2 preview00:48 Decisis casebook discussion, sponsored by Charltons Solicitors and Collaborative Practitioners03:49 Peter Charleton interview resumes04:31 High-profile criminal cases and staying on the horse05:15 Addressing juries and holding attention07:13 Worrying about cases and professional regret08:08 Criminal work, vicarious trauma and perspective09:03 The Morris Tribunal and Donegal10:37 The call to the High Court11:43 Why judging was not easier than being a barrister13:48 How to write a judgment15:46 Are modern judgments too long?18:07 Digital searches and privacy19:52 Moving from the High Court to the Supreme Court20:22 Keeping an open mind on appeal21:30 Overturning colleagues and why it is not personal23:45 Irish courts, US courts and the politics of judging26:26 Is great advocacy dead?28:38 Retirement from the Supreme Court30:41 Life after the Bench31:22 Music, law and philosophy32:47 Film and book recommendations34:45 Closing thanks Hosted on Acast. See acast.com/privacy for more information.
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E150 The Fifth Court - Mr Justice Peter Charleton: law, crime, music and the nature of evil
2w ago00:38:39Tap to summarizeThe 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.
Transcribe →E149 The Fifth Court - Bridget Hourican on Frank Callanan’s Joycean masterpiece
3w ago00:38:16Tap to summarizeBloomsday 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 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 JoyceThe political meaning hidden inside Ulysses and DublinersJoyce's obsession with ParnellWhy Dublin publishers burned copies of DublinersJoyce, censorship and Irish respectabilityWhy Joyce left Ireland and never truly returnedFrank Callanan's remarkable legal and academic careerThe challenge of completing a 900-page masterpiece after his deathFor anyone interested in law, literature, Irish history or Bloomsday, this is a fascinating conversation.Book recommendation:James Joyce: A Political Life by Frank CallananDecisis casebook section sponsored by Charlton Solicitors & Collaborative Practitioners.1. The runaway truck caseDuggan 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 challengeOzek 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 SchemeKiernan (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.
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E148 The Fifth Court - Peter Shanley SC -Barristers Direct, legal access & barristers as entrepreneurs
May 1800:30:58Tap to summarizeEpisode 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 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 electionA Hague Convention child-return case involving Ireland and PolandCitizenship refusals based on historic criminal convictions Hosted on Acast. See acast.com/privacy for more information.
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E147 The Fifth Court - John O’Donnell SC on Law, Literature and Life
May 800:45:00Tap to summarizeON 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 AwardWriting Mr. Who — a story inspired by a real criminal caseThe discipline of writing daily at 6:30amWhy short stories thrive in IrelandAnd his upcoming novel Second SkinThis 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.
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E146 The Fifth Court - Your Reputation on Trial — And Why the Rules Are Changing - John Kerr
Apr 1700:39:06Tap to summarizeYour 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, 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 gateWhy his father became the “Great Dissenter” in the UK Supreme CourtThe truth about defamation cases — and why juries may be scrappedAnd what happens when your reputation becomes your livelihoodPlus: 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 lawTIMELINE00:00 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.
Transcribe →E145 The Fifth Court - Verona Murphy - From leaving home at 14 to Ceann Comhairle, Dáil Éireann
Apr 800:50:38Tap to summarizeThe "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 24/7How legislation really moves (or doesn’t) inside the DáilThe reality of managing conflict, egos and political theatreWhy many TDs don’t understand the system they operate inThe truth about independence in Irish politicsPlus:Brexit through the eyes of the haulage industryWhy respect (or lack of it) is crippling key sectorsAnd 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.
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E144 The Fifth Court - Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law
Mar 2400:47:35Tap to summarizeEpisode 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 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 inactionDPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victimEastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custodyKey Timestamps00:05:54 – Introduction to Mr Justice Brian Cregan00:23:05 – Parliamentary obstruction and the mechanics of power00:31:42 – The Pigott cross-examination and the Special Commission00:37:20 – The O’Shea divorce proceedings and political consequences00:42:56 – Parnell and O’Connell compared Hosted on Acast. See acast.com/privacy for more information.
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E143 The Fifth Court - Máirín de Búrca, once more in front of the courts
Mar 1800:53:59Tap to summarizeMáirín 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 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.
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E142 The Fifth Court - Garry O'Gorman, The Barrister Who Quit Law To Handicap Racehorses
Mar 1200:36:05Tap to summarizeThe 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 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 racingwhat a handicapper actually doeshow trainers try to outfox the systemwhy only one horse can win, but 11 people can still blame the handicapperhow Ireland became a global bloodstock superpowerwhy racehorses, judges, barristers and forum shopping all belong in the same conversationThere 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.DecisisThe 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.
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