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. E147 The Fifth Court - John O’Donnell SC on Law, Literature and Life

    MAY 8

    E147 The Fifth Court - John O’Donnell SC on Law, Literature and Life

    ON this episode of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by John O’Donnell SC — one of the Bar’s leading advocates… and one of Ireland’s most quietly brilliant writers. This is a conversation that moves from the Four Courts to the writing desk — and back again. We step into a different courtroom entirely — the imagination. John O’Donnell SC discusses: Winning the Francis McManus Short Story AwardWriting Mr. Who — a story inspired by a real criminal caseThe discipline of writing daily at 6:30amWhy short stories thrive in IrelandAnd his upcoming novel Second SkinThis is law, but not as you expect it. We begin, as always, with the Decisis casebook section, sponsored by Charlton Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire, covering: 1. Teaching Council v CD A school principal steals up to €100,000… and is NOT struck off. Why? Gambling addiction, remorse, and the court’s willingness to give a second chance. 2. Pepper Finance Corporation v Ward A default judgment overturned… after SEVEN years. Solicitor misconduct, delay, and “special circumstances” collide. 3. O’Callaghan v O’Callaghan A family hotel empire tears itself apart. Misrepresentation vs arbitration — and why the court said: “Off you go… to arbitration.” Chapters00:00 – Intro 02:00 – Decisis Sponsor: Charlton Solicitors & Collaborative Practitioners 02:15 – Case 1: Teacher theft & second chances 05:30 – Case 2: Default judgment after 7 years 08:00 – Case 3: Family hotel war & arbitration 10:30 – John O’Donnell SC interview begins 18:00 – From barrister to poet 25:00 – Writing discipline: 6:30am starts 32:00 – Mr. Who: crime, imagination, and narrative 40:00 – Law as inspiration for fiction 50:00 – Poetry reading 57:00 – Fastnet Film Festival & courtroom dramas 01:02:00 – Close Hosted on Acast. See acast.com/privacy for more information.

    45 min
  2. E146 The Fifth Court - Your Reputation on Trial — And Why the Rules Are Changing - John Kerr

    APR 17

    E146 The Fifth Court - Your Reputation on Trial — And Why the Rules Are Changing - John Kerr

    Your Reputation on Trial — And Why the Rules Are Changing This is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK, and about a legal system that is about to change in a very big way. John Kerr — barrister, defamation specialist, and colleague — joins us to talk about: What it was like living through the Troubles with security at the front gateWhy his father became the “Great Dissenter” in the UK Supreme CourtThe truth about defamation cases — and why juries may be scrappedAnd what happens when your reputation becomes your livelihood Plus: Three fascinating Decisis cases including dead-person defamation, missing expert witnesses, and multi-million euro stud fees. Decisis is brought to you thanks to Charltons Solicitors and Collaborative Practitioners. defamation law Ireland, jury trials Ireland, Brian Kerr judge, UK Supreme Court law lords, Irish barristers, Paul Tweed defamation, legal podcast Ireland, Fifth Court podcast, Irish courts cases, Decisis cases Ireland, John Kerr barrister, freedom of expression law TIMELINE 00:00 Intro + Decisis sponsor mention 02:00 Defamation after death — can you sue? 05:15 Lost expert witness — trial goes ahead anyway 08:30 Coolmore stud fees — big money, no excuses 12:00 John Kerr — defamation specialist 14:00 Growing up in Northern Ireland during the Troubles 17:00 Armed guards, relocation, and real risk 20:00 The career of Lord Kerr — last Law Lord 25:00 The “Great Dissenter” — why minority judgments matter 30:00 From solicitor to barrister — taking the leap 34:00 Defamation reform — are juries finished? 40:00 Big awards, big problems — reality vs headlines 47:00 International defamation and celebrity cases 50:00 Book & film recommendations Hosted on Acast. See acast.com/privacy for more information.

    39 min

  3. APR 8

    E145 The Fifth Court - Verona Murphy - From leaving home at 14 to Ceann Comhairle, Dáil Éireann

    The "referee" of Irish politics: Verona Murphy on power, pressure and running the Dáil What actually happens when you’re handed the whistle in Irish politics? On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil. This is not a standard political career story. From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle. Inside this conversation: What the Ceann Comhairle actually does (it’s far, far bigger than you think)Why the job is effectively 24/7How legislation really moves (or doesn’t) inside the DáilThe reality of managing conflict, egos and political theatreWhy many TDs don’t understand the system they operate inThe truth about independence in Irish politics Plus: Brexit through the eyes of the haulage industryWhy respect (or lack of it) is crippling key sectorsAnd the surprising power behind “standing orders” Decisis Case Round-Up (with thanks to our sponsor) This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate. Cases discussed: 1. Student A v Trinity College Dublin Can you stay anonymous if accused of academic misconduct? The High Court says: almost never. 2. Hegarty & Others v Revenue Commissioners Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason. 3. G v G (Child Abduction Case) A 22-month-old taken from the US to Ireland — and the court orders the child back. Subscribe, follow, and share. Because law — like politics — only makes sense when someone explains it properly. Hosted on Acast. See acast.com/privacy for more information.

    51 min
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
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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
    159
  • Rating
    Clean
  • Copyright
    © Conall O Morain
  • Show Website
    The Fifth Court

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