The Fifth Court

Peter Leonard BL Mark Tottenham BL
  • 5.0 (2)
  • BUSINESS
  • UPDATED WEEKLY

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. E144 The Fifth Court - Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law

    MAR 24

    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 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 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.

    48 min
  2. E143 The Fifth Court - Máirín de Búrca, once more in front of the courts

    MAR 18

    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 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.

    54 min
  3. E142 The Fifth Court - Garry O'Gorman, The Barrister Who Quit Law To Handicap Racehorses

    MAR 12

    E142 The Fifth Court - Garry O'Gorman, The Barrister Who Quit Law To Handicap Racehorses

    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 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. 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.

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

    FEB 17

    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
  5. 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
  6. 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
  7. 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
  8. 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
See All (156)

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
    156
  • Rating
    Clean
  • Copyright
    © Conall O Morain
  • Show Website
    The Fifth Court

You Might Also Like