E73 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 2. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, the effect of an increase of the number of Supreme Court judges from 3 to 5, the 1937 Constitution ("not the creation of one man [De Valera]"), pushback to the creation of the...

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 softly' to keep some of the more conservative lawyers on side, how referrals to the British Privy Council were ended, and on a lighter note, whether...

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. Meanwhile the Irish Government is hoping to avoid receiving this massive windfall! It's a case without precedent in Ireland that has given its own...

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 cases ( as there were a number) involving the so-called Sinn Fein Funds. The conversation eventually gets to the London based Hurlingham private...

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 legislation, but also about the reasons that the legislation may be needed in the first place. Liam also discusses his three years working as general...

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, music and music composition. There's even mention of Mike Oldfield, of Tubular Bells fame. We doubt if you knew that about this seriously eminent...

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 drink and drug driving offences offering up the knowledge and insights necessary to navigate this ever-evolving complex area of law. His book...

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 says there are too many loopholes in our drink/driving laws and they need to be updated. Continuing on the alcohol theme his greatest shock was...

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 big majority (9 out of 10) of employers are willing to give ex-prisoners a chance in the workplace, something that may surprise. On the date of...

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 brilliant, and not at all as straightforward as you may imagine. Zeldine is a practising barrister and holds a Ph.D on international space law. During...

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 developments in family law. Before the two women discuss the referendums they give an update on developments in family law in Ireland (e.g. very few...

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 international legal scene. In 2016, Darragh was the first ever Ireland based Lawyer to win, an award at the prestigious London Legal Aid Lawyer of the Year...

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 excessive citing of GDPR by companies and organisations regarding access to data. Her office regulates most of the Big Name tech companies due to having...

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 of Director of Corporate Enforcement, that now employs 80 people. He details the difference between the two bodies, the CEA and ODCE. The CEA has...

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 second part of their interview from the Legal Practice Summit they tackle issues such as access to justice as local courts are closed. Peter seems to...

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 Ireland, as the many large corporate firms are hoovering up top talent, leaving very few young solicitors wishing and choosing to practice their...

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 pregnancy with a tragic outcome, a priest, a 'shotgun' marriage, and finally a most curious twist. It's the stuff of soap operas, but it was all too real...

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 and wrongs of ownership of historical artefacts by both public bodies, museums (including Limerick's Hunt Museum) and private persons are. Expect...

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 doing to face those challenges. And, as always our hosts delve into the recent judgements from the superior courts, as reported on the Decisis.ie...

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 casebook; A curious Supreme Court decision on an appeal from the Solicitors' Disciplinary Tribunal. A case involving a solicitor taking over another...

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 Peart who discusses her own personal journey into the family legal profession (not a foregone conclusion), setting her own practice where she was...

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 barrister Susan Ahern who has worked with World Rugby at the highest levels, as they explain penalties and processes to our hosts, Peter Leonard BL...

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 attempts made by the IRA to subvert the Irish State. The kidnapping also involved the murder by the IRA of two men, one a member of the Irish...

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 three further cases from the Decisis.ie casebook; A case involving the Government's Food Vision 2030 strategy, a challenge by the Friends of the...

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 Attorney General 1973, a case concerning marital privacy. By a decision of 4 to 1, the court conferred upon spouses a broad right to privacy in marital...