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

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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E69 The Fifth Court with Mark Tottenham BL and Peter Leonard BL
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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E68 The Fifth Court
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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E67 The Fifth Court with Peter Leonard BL and Mark Tottenham BL
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 titleA 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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