The Fifth Court

Hosted by Peter Leonard BL Mark Tottenham BL

Business Education News

Website RSS feed

Episodes

161

Latest episode

Jun 2026

Language

About the show

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.

Listen to episodes

60 recent

June 9, 202638 min

E149 The Fifth Court - Bridget Hourican on Frank Callanan’s Joycean masterpiece

Bloomsday Special: The secret political life of James Joyce — and Frank Callanan’s final masterpieceWas James Joyce really apolitical?For decades, many scholars claimed Ireland's greatest writer stood apart from politics.Frank Callanan disagreed.Before his untimely death, the renowned barrister, historian and Parnell scholar spent 25 years researching what became his final work: James Joyce: A Political Life.In this special Bloomsday episode of The Fifth Court, Bridget Hourican joins Peter Leonard and Mark Tottenham to discuss Frank's extraordinary final book, his lifelong fascination with Joyce, Parnell, Irish nationalism, exile, censorship and the political forces that shaped modern Ireland.The conversation also becomes a moving tribute to Frank himself — one of the most beloved and intellectually gifted members of the Law Library.Among the topics discussed:Why Frank spent 25 years researching JoyceThe political meaning hidden inside Ulysses and DublinersJoyce's obsession with ParnellWhy Dublin publishers burned copies of DublinersJoyce, censorship and Irish respectabilityWhy Joyce left Ireland and never truly returnedFrank Callanan's remarkable legal and academic careerThe challenge of completing a 900-page masterpiece after his deathFor anyone interested in law, literature, Irish history or Bloomsday, this is a fascinating conversation.Book recommendation:James Joyce: A Political Life by Frank CallananDecisis casebook section sponsored by Charlton Solicitors & Collaborative Practitioners.1. The runaway truck caseDuggan v Logan (Mr Justice Oisín Quinn)A driver was seriously injured when a truck rolled out of a filling station and into traffic with nobody behind the wheel after the driver failed to apply the handbrake.Why it matters:The High Court awarded damages of approximately €128,000 and provides a reminder that leaving a vehicle unsecured can create liability even when the driver is physically absent from the vehicle.2. Turkish worker wins immigration rights challengeOzek v Minister for Justice (Mr Justice Simons)A Turkish migrant worker successfully challenged the Minister's refusal to properly backdate an immigration permission.Why it matters:The Court found that EU-derived worker protections had not been correctly applied, reinforcing the importance of protecting migrant workers' rights under European law.3. Mother and Baby Institutions Redress SchemeKiernan (otherwise John Duncan Morris) v Minister for Children (Mr Justice Owens)A claimant challenged a decision that certain institutions were not covered by the Mother and Baby Institutions Payment Scheme.Why it matters:The Court held that the legislation should be interpreted more broadly and that the applicant was entitled to seek redress under the scheme. The decision may affect how eligibility is assessed in future claims.  Hosted on Acast. See acast.com/privacy for more information.

May 18, 202630 min

E148 The Fifth Court - Peter Shanley SC -Barristers Direct, legal access & barristers as entrepreneurs

Episode 148, The Fifth CourtPeter Shanley SC on Barristers Direct, legal access and barristers becoming entrepreneursPeter Leonard BL and Mark Tottenham BL are joined by Peter Shanley SC, founder of Barristers Direct.Peter explains how changes under the Legal Services Regulation Act opened the door to direct access to barristers in non-contentious matters, why Barristers Direct was created, and how the service works for individuals, companies, in-house counsel and solicitors.He also talks family legal dynasty, rugby, the late Peter Shanley, direct access, AI note-taking, probate, employment law, defamation, and why solicitors may actually benefit from the service.The Decisis.ie case-law section, sponsored by Charlton Solicitors & Collaborative Practitioners of George’s Street, Dún Laoghaire, covers:A suspended trade union member allowed to contest an Executive Council electionA Hague Convention child-return case involving Ireland and PolandCitizenship refusals based on historic criminal convictions Hosted on Acast. See acast.com/privacy for more information.

May 8, 202645 min

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.

April 17, 202639 min

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 ChangingThis 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 livelihoodPlus: 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 lawTIMELINE00:00 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.

April 8, 202650 min

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 DáilWhat 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 politicsPlus: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.

March 24, 202647 min

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 lawIn 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.

March 18, 202653 min

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 CourtThere 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.

March 12, 202636 min

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

The Barrister Who Quit Law To Handicap RacehorsesWhat 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.DecisisThe 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.

February 17, 202639 min

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 141On 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 judgeThis 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.

February 11, 202633 min

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

Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140On 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 transferSponsored by Charlton Solicitors and Collaborative Practitioners. Follow, subscribe and share. Hosted on Acast. See acast.com/privacy for more information.