The Fifth Court

Peter Leonard BL Mark Tottenham BL
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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.

  1. E141 The Fifth Court - Mr Justice David Nolan - Advocacy, Independence and the Modern Bar

    1D AGO

    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 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.

    40 min
  2. E140 The Fifth Court - Eavanna FitzGerald - Founder of The Expert Witness Site

    FEB 11

    E140 The Fifth Court - Eavanna FitzGerald - Founder of The Expert Witness Site

    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.

    34 min
  3. E139 The Fifth Court - Tom Flynn SC, Planning judicial reviews, costs caps and access to justice

    FEB 4

    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 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 claimsProposed scale fees and their practical impact on applicantsEnvironmental litigation, expert evidence and cost recoveryFairness, constitutional rights and public law accountabilityDecisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors): Doyle v Buckley – payment out of client funds following prolonged costs disputesCriminal Assets Bureau v Humphreys – freezing orders where funds are partly taintedCriminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applicationsAlso 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.

    38 min
  4. E138 The Fifth Court - Mary McAleese, former Uachtarán na hÉireann

    JAN 30

    E138 The Fifth Court - Mary McAleese, former Uachtarán na hÉireann

    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 Troublesthe courage of lawyers and judges who upheld the rule of law at personal riskthe Good Friday Agreement and constitutional changethreats to democracy and judicial independence todayA 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.

    46 min
  5. Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law

    JAN 13

    Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law

    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 AgreementLegacy inquests, including Ballymurphy and the StardustThe “hooded men” case and the meaning of torture under international lawActing in controversial cases and for unpopular clientsThe Northern Ireland Legacy Act and why it has united opposition across communitiesThe 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 foundersSentencing in historic sexual offence casesSupreme Court rulings on compelled password disclosure and constitutional rightsThe 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.

    52 min

  6. 12/23/2025

    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 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 convictionE v E – relocation of children to the United Kingdom permitted despite the children’s stated wishesGarnishee 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.

    33 min

  7. 12/17/2025

    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 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 refusedJudicial review refused of a decision not to transfer a prisoner to an open prisonSecurity 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.

    38 min
  8. E134 The Fifth Court - Austria’s Supreme Court President Georg Kodek - Why the Law Can’t Save the Planet

    11/05/2025

    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 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.

    38 min
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Ratings & Reviews

5
out of 5
2 Ratings

About

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.

Information

  • Creator
    Peter Leonard BL Mark Tottenham BL
  • Years Active
    2022 - 2026
  • Episodes
    153
  • Rating
    Clean
  • Copyright
    © Conall O Morain
  • Show Website
    The Fifth Court

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