The Fifth Court - DSBA Legal Podcast of the Year Peter Leonard BL Mark Tottenham BL

E75 The Fifth Court - recorded at the Solicitor's Growth Summit
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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E74 The Fifth Court with Mark Tottenham BL and Peter Leonard BL
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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E73 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts
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 businessA 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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E72 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts
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 disclaimersThe third case is a Defamation action involving businessman Declan Ganley and news outlet CNNWith thanks to Clio Legal Software

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Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BL
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 informationA personal injuries case where an employee cut themselves whilst carrying trays. The judge in this case decided there was partial responsibilityA 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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E70 The Fifth Court
Hosts Peter Leonard BL and Mark Tottenham BL entertain a most entertaining guest on this episode. Des Geraghty, a national figure for his work in the trade union movement, former president of SIPTU, one time MEP, a writer, musician and so much more (as you'll hear) joins our two interlocutors to discuss the most interesting cases ( as there were a number) involving the so-called Sinn Fein Funds. The conversation eventually gets to the London based Hurlingham private members club, founded in 1869, and how its history had a direct bearing on where those 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.With thanks to Clio Legal Software.

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