E72 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts Part 1. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, how politicians had to 'tread sof…

Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BL The Apple Tax Case Will they, won't they? Should they, would they? Questions, questions, questions about the now infamous 'Apple tax case' whereby some groups are hoping to make the Irish State accept more than €13bn in taxes they say are owed by the global iPhone maker. Meanwhi…

E70 The Fifth Court Hosts Peter Leonard BL and Mark Tottenham BL entertain a most entertaining guest on this episode. Des Geraghty, a national figure for his work in the trade union movement, former president of SIPTU, one time MEP, a writer, musician and so much more (as you'll hear) joins our two interlocutors to discuss the most interesting case…

E69 The Fifth Court with Mark Tottenham BL and Peter Leonard BL Liam Herrick, Executive Director of the Irish Council of Civil Liberties talks about the so-called 'Hate Speech' legislation and how difficult it can be to prosecute and enforce such laws. It's a very timely interview about some of the many complexities that could arise from such legis…

E68 The Fifth Court Winner Dublin Solicitors' Bar Association Legal Podcast of the Year Hosts Peter Leonard BL and Mark Tottenham BL discuss some of the biggest and best known Irish corporate law cases with one of the Big Beasts in corporate law in Ireland, solicitor and Senior Counsel Paul Egan, who has the most fascinating background in theatre, …

E67 The Fifth Court with Peter Leonard BL and Mark Tottenham BL On this episode, former Garda sergeant now barrister, Michael Daly BL, author of a new book on drink and drug driving in Ireland discusses some of the many legal issues involved in this most contentious area of law. The book a meticulously compiled guide, unravels all the dimensions of…

E66 The Fifth Court Hosts Mark Tottenham BL and Peter Leonard BL have a most entertaining discussion with retired District Justice, Olann Kelleher, about his fourteen years on the bench in Cork (as well as being on the bench for the historic Munster V All-Blacks match in 1978 - including a classic one-liner from legend Moss Keane). The former judge…

E65 The Fifth Court Saoirse Brady, Executive Director of the Irish Penal Reform Trust, joins Peter Leonard BL and Mark Tottenham BL, to talk all things prisons related (including the problems caused by mental health issues in jails - a very, very big problem according to Saoirse). Interestingly, research from Maynooth University is showing that a b…

E64 The Fifth Court, boldly going where no legal podcast has gone before. Hosts Mark Tottenham BL and Peter Leonard BL talk to Zeldine O'Brien BL, a recognised expert in international space law who knows who 'owns' the Moon? What laws do you have to observe if you venture into outer space? Can you sell property on other planets? This is just brilli…

E63 The Fifth Court With two referendums (*see note below) looming, hosts Mark Tottenham BL and Peter Leonard BL invited two top law academics to studio to discuss the issues involved. Deirdre McGowan of TU Dublin and Maebh Harding of UCD are two of the authors of a book, 'Family Law in Context', a textbook for those wishing to study the latest dev…

Episode 62, hosts Peter Leonard BL and Mark Tottenham BL, discuss the Northern Ireland Troubles Legacy Act 2023 - an extremely controversial piece of legislation with well-known solicitor Darragh Mackin. "You wouldn't see the like of it in Russia." Darragh Mackin of Belfast based Phoenix Law, has been described as ‘a rising star on the internationa…

E61 The Fifth Court Hosts Peter Leonard BL and Mark Tottenham BL have a wide ranging discussion with outgoing Data Protection Commissioner, Helen Dixon, about all things data protection, including the newest redress arising out of the 2018 GDPR Act, that allows for 'non material damage'. Amongst many insights she gives she says that there is excess…

E60 The Fifth Court Interlocutors, Peter Leonard BL and Mark Tottenham BL, put the CEO of the Corporate Enforcement Authority, Ian Drennan, under the spotlight. An accountant, Ian worked on the infamous DIRT inquiry during his time with the Comptroller and Auditor General's office and he discusses those times. In 2002 he moved to the nascent Office…

E59 The Fifth Court The Future of Legal Practice Summit, Part 2, at The Law Society of Ireland Our award winning podcasters, Peter Leonard, BL and Mark Tottenham BL, are joined by solicitors Sonia McEntee (Cavan based) and David Peters (based in Nenagh, Tipperary) to discuss the very real threat to the legal profession in rural Ireland. In this sec…

E58 The Fifth Court The Future of Legal Practice Summit, Part 1, at The Law Society of Ireland Our award winning podcasters, Peter Leonard, BL and Mark Tottenham BL, are joined by solicitors Sonia McEntee (qualified 1998, now Cavan based) and David Peters (based in Nenagh, Tipperary) to discuss the very real threat to the legal profession in rural …

In a change to the regular podcast format our two co-presenters, Mark Tottenham BL and Peter Leonard BL, discuss a case that has fascinated Mark for years. It's Griffith V Griffith, a case from 1944, that demonstrates the massive shifts in Irish life since that time. It's a case that involves a weekend away in Howth, sex outside marriage, a pregnan…

On Episode 56 Martin Bradley, an archivist and recently qualified barrister, talks about cultural heritage and the repatriation of cultural artefacts. But first our hosts, Peter Leonard BL and Mark Tottenham BL, asked Martin what made him turn his back on the GLAM sector. The GLAM sector? Listen to find out all about it as well as what the rights a…

Episode 55 The Fifth Court - Ireland's legal podcast On this episode hosts Peter Leonard BL and Mark Tottenham BL talk to Mark Garrett, two years into his role as Director General of the Law Society of Ireland. This is a fantastic insight into what the challenges for the solicitor's profession may be in the coming years, and what the Law Society is…

Episode 54 The Fifth Court Hosts Peter Leonard BL and Mark Tottenham BL interview Sarah Reid BL (2008) and Aran Grealish BL (2022), about their book The Devil's Handbook. No, not a recipe for magic spells, but an essential primer for those starting out at the bar. Our two hosts also discuss three more current cases from the Decisis.ie Law Reports c…

E53 The Fifth Court, presented by Mark Tottenham BL and Peter Leonard BL Running the same legal practice for 140 years. How do you do it? Pearts is a byword in the Irish legal scene, particularly for its 'Town Agency' practice that represents 850 solicitors right across the country. Founded in 1883 the practice is now run by 4th generation Valerie …

E52 The Fifth Court The world of arbitration in sport. Fantastic insight into the similarities and the differences between how the rules and regulations of different sporting codes are applied, both in Ireland and across the globe. Sports arbitration barristers Aoife Farrelly who has a major involvement with the GAA (and tug-of-war!) is joined by b…

E51 The Fifth Court Hosts Peter Leonard BL and Mark Tottenham BL talk to Irish Times journalist, Ronan McGreevy, co-author a new book about the 1983 IRA kidnapping of Don Tidey called, 'The Kidnapping: A hostage, a desperate manhunt and a bloody rescue that shocked Ireland'. Now, 40 years after the event, the book comes as a timely reminder of the …

E50 The Fifth Court. Presenters Mark Tottenham BL and Peter Leonard BL continue their chat about the seismic McGee V AG case, fifty years ago, with Supreme Court judge, Mr. Justice Gerard Hogan. (Make sure to listen back to E49 for the first part of this riveting chat). He talks about the David Norris case and its importance. The two also discuss t…

E 49 The Fifth Court's interlocutors, Peter Leonard BL and Mark Tottenham BL have a fascinating discussion with Mr. Justice Gerald Hogan of the Supreme Court. This is required listening for anyone interested in Irish constitutional law. Fifty years ago, the Supreme Court gave a seismic judgement on the 19th of December 1973 in the McGee v. The Atto…

E48 The Fifth Court with Peter Leonard BL and Mark Tottenham BL Barry Andrews, Dublin MEP and former barrister joins The Fifth Court to talk about his careers as a lawyer, a national and a European politician, his lawyer/politician dad, David Andrews (88) who was Minister for Foreign Affairs during the Good Friday Agreement negotiations and his gra…

E47 The Fifth Court - Ireland's legal podcast. Presenters Peter Leonard BL and Mark Tottenham talk to Tim Ryan, former journalist and now author of Housing: A Missed Opportunity that reveals for the first time the tangled story of the Kenny Report published by the Irish Government in 1973 aimed at curbing house prices by capping the price of develo…

E46 The Fifth Court - Ireland's legal podcast Peter Leonard BL and Mark Tottenham BL talk to E46 The Fifth Court, Michael O'Flaherty, Director of the EU Fundamental Rights Agency - about implementing human rights 'on the ground'. Michael studied in law in UCD, became a solicitor, then trained as a priest, left the priesthood and became a human righ…

E45 The Fifth Court - barristers both, Peter Leonard and Mark Tottenham cross examine Niamh Howlin, Ass. Professor of Law at UCD, about her new book, 'Barristers in Ireland, an evolving profession since 1921'. She talks about the not insignificant roles that barristers, practicing and non-practicing, have played in Irish public life. It's the first…

E44 The Fifth Court - presented by Mark Tottenham BL and Peter Leonard BL. On this episode they talk to former solicitor (with her own practice one stage), barrister and now crime novelist (she has had six books published to date - with a new one 'in the works'), Andrea Carter about her long and winding career and why she chose the quill over the w…

E43 Solicitor Barry Creed shares some of the 20 reflections on the legal year, that he wrote whilst waiting on the apron at Gatwick Airport, due to a delayed flight. He chats with presenters Mark Tottenham BL and Peter Leonard BL about issues including problems recruiting, more demanding staff and clients, working from home, the 'split profession',…

E42 The Fifth Court - presenters Mark Tottenham BL and Peter Leonard BL, talk to solicitors Patricia Hickey and Gary Lee (who says some very nice things about both podcast and presenters!) of the Irish Courts Service about a new, important, initiative to make the service more accessible and inclusive for people with a wide range of disabilities. We…

E41 The Fifth Court - Part Two of two parts recorded at the Electric Picnic festival where the crowd chanted 'Ooh, aah, Up the Fifth Court!' On this second part, we concentrate on the actual trial of Patrick Magee. Presenters Peter Leonard BL and Mark Tottenham BL interview Rory Carroll author and staff correspondent at The Guardian newspaper. He h…

E40 The Fifth Court - Part One of two parts recorded at the Electric Picnic festival. Ooh, aah, Up the Fifth Court! Presenters Peter Leonard BL and Mark Tottenham BL interview Rory Carroll author and staff correspondent at The Guardian newspaper. He has just published his latest book 'Killing Thatcher: The IRA, the Manhunt and the Long War on the C…

E39 The Fifth Court, Dr. Ian Marder, Maynooth University, Restorative Justice On this episode, Ian Marder talks to hosts Peter Leonard BL and Mark Tottenham BL about the development of restorative justice and restorative practices in criminal justice. His work explores how to reduce the harm caused by crime and criminal justice, and how to identify…

E38 The Fifth Court, presented by Peter Leonard BL and Mark Tottenham BL David McKechnie, High Performance, Leadership and Executive Coach & Trainer, talks about life after law. Former commercial law solicitor 'knocked it all on the head' and decided to pursue a work life outside of law as a proponent of NLP, neuro-linguistic programming. He explai…

E 37 The Fifth Court Peter Leonard BL and Mark Tottenham BL ask recently retired High Court judge Deirdre Murphy why she thinks there are too many barristers in the Irish legal system, why she dislikes large law firms, why the State should adopt the model litigant role, what she thinks of the Ireland for Law concept. She tells the terrific story wh…

E 36 The Fifth Court Presenters Mark Tottenham BL and Peter Leonard BL discuss the latest in copyright law with Glen Gibbons SC who has just published the third edition of his textbook on the subject of copyright. If you don't know what an Anton Piller order is...stay listening. You'll also learn why the word 'probably' may be deemed to be copyrigh…

E35 The Fifth Court Michael O'Higgins SC, probably the best known barrister in the country asks 'But is it justice..?' Presented by Peter Leonard BL and Mark Tottenham BL An incredible story covering Michael's time as a journalist with Hot Press and Magill magazines. Being told by Magill publisher Vincent Browne that he 'didn't want any writing' an…

E34 The Fifth Court Presenters Peter Leonard BL and Mark Tottenham BL delve into the infamous Eileen Flynn case. Though only dating back to the 1980s, the expert on this case, Dr. Donal Coffey, Ass Prof of Law at NUI Maynooth, explains the facts and the fall out of a teacher who was fired for living with a married man. It sounds like another Irelan…

EPISODE 33 The Fifth Court - Rocker Noel Gallagher is quoted as saying that ‘I think things were better pre-internet, I think that’s a fact’. He may be correct. Because, on this episode we discuss some upcoming landmark cases involving GDPR On E33 it’s co-presenter Peter Leonard BL who dragged the Noel Gallagher quote from the recesses of his mind,…

EPISODE 32 The Fifth Court - What?? You’ve never heard of Chief Baron Palles?? Many across the world still live by some of this incredible Irish judge’s rulings On E32, presenters Peter Leonard BL and Mark Tottenham BL talk to Professor Oonagh Breen and Dr. Noel McGrath BL, of the Sutherland School of Law at UCD, about the truly incredible Lord Chi…

E31 - The Fifth Court Presented by Peter Leonard, BL and Mark Tottenham BL 21'.30" "In recent weeks the DPP cannot get Senior Counsel to act in criminal cases, I'm assuming because their fees, relative to other work, are so low." - Luigi Rea, BL Luigi Rea BL (joined the profession in 1977 and Darren Lalor BL (2015) join our hosts Peter Leonard and …

E30 The Fifth Court Retired Supreme Court judge, John MacMenamin joins our hosts Peter Leonard BL and Mark Tottenham BL to talk about what he says is 'the best job in the world', his time in UCD, his colleagues in law including Rory O'Hanlon and James O'Reilly. He reveals he has been doing some research in the British Library, that may or may not l…

Barrister Daithí Mac Cárthaigh, who teaches the Irish language course at the Kings Inns. He explains how the current system of translation of Oireachtas bills and subsequent Acts operates and he talks about opportunities for law graduates who are fluent in Gaeilge (24th official language of the EU) in Ireland, Luxembourg and Brussels. He says that …

The claim is that 'The presence of Wikipedia can be spotted to a measurable degree in Irish High Court judgements', according to an academic study by Dr. Brian Flanagan (NUI Maynooth) et al. Brian put his case on Episode 26 of The Fifth Court. On E28 Mr. Justice Richard Humphreys of the High Court strongly rebuts Brian's assertion, in an interview …

Son of George Carman QC (RIP 2001), Dominic Carman, talks to Peter Leonard and Mark Tottenham about his father, at one time one of the biggest names in the British legal system (he defended British Liberal leader, Jeremy Thorpe). He starts by giving his perspective on the growth of international legal firms in Ireland. He predicts larger Irish firm…

E26 The Fifth Court Dr. Brian Flanagan, Assoc. Professor of Law at NUI Maynooth, on the purported influence of Wikipedia articles on decision making by Irish High Court judges. The Fifth Court is open to any judge who would like to have their views heard on this issue. Brian's cultural recommendation for lawyers - the movie, A Few Good Men We also …

On E25 of The Fifth Court presenters Peter Leonard BL and Mark Tottenham BL are joined by solicitor Fred Logue, founder of a Dublin based law firm, FP Logue. They specialise in environment, technology, data protection and information law. Fred is well-known for taking on high-profile cases such as one based on the 'Trichet letter' and the 'NAMA acc…

E24 The Fifth Court Presenters Mark Tottenham BL and Peter Leonard BL start by discussing three cases from the Decisis.ie vault, one involving Enoch Burke, another is an asylum case and finally a personal injuries case involving a knife attack on a bus driver. This episode's interview is with Cork based solicitor and SC, Bill Holohan, a larger than…

E23 The Fifth Court top team starts, as usual, with 3 cases from the Decisis.ie casebook. 7.00" Cian O'Carroll, Cashel based solicitor, known for his work on cervical screening cases, particularly the Vicky Phelan case that moved a nation. He discusses his views on medical negligence cases. He is candidly open about the tragic 1990 death of his fat…