In 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’Brien A 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 Salabi An 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 challenge A 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. CHAPTERS 00:00 Introduction and Part 2 preview 00:48 Decisis casebook discussion, sponsored by Charltons Solicitors and Collaborative Practitioners 03:49 Peter Charleton interview resumes 04:31 High-profile criminal cases and staying on the horse 05:15 Addressing juries and holding attention 07:13 Worrying about cases and professional regret 08:08 Criminal work, vicarious trauma and perspective 09:03 The Morris Tribunal and Donegal 10:37 The call to the High Court 11:43 Why judging was not easier than being a barrister 13:48 How to write a judgment 15:46 Are modern judgments too long? 18:07 Digital searches and privacy 19:52 Moving from the High Court to the Supreme Court 20:22 Keeping an open mind on appeal 21:30 Overturning colleagues and why it is not personal 23:45 Irish courts, US courts and the politics of judging 26:26 Is great advocacy dead? 28:38 Retirement from the Supreme Court 30:41 Life after the Bench 31:22 Music, law and philosophy 32:47 Film and book recommendations 34:45 Closing thanks Hosted on Acast. See acast.com/privacy for more information.
