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E119 The Fifth Court
Recorded at the University of Galway recording studios.
Hosts Peter Leonard BL and Mark Tottenham BL talk to Diarmuid J. Connolly BL (kind of 'Father of the Mayo Bar' but he's keen to correct that misnomer) a practising barrister based in County Mayo.
Former UCG student Peter along with Diarmuid, start with a bit of reminiscing - including a story about men in UCG monitoring the purchase of condoms. However, Mark guides them back to the law.
He has been a member of the Bar of Ireland since 1995. In recent years, he has been actively involved in advocating for the restoration of criminal legal aid fees to their 2011 levels. He participated in protests and strikes in Castlebar, highlighting the challenges faced by criminal barristers due to fee reductions under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. Connolly emphasized that the issue is not solely about rates but about ensuring equality and sustainability within the legal profession.
Diarmuid's cultural recommendations are Anthony Bourdain, Kitchen Confidential: Adventures in the Culinary Underbelly (he's a keen cook) and for a movie he tips the hat to 'Withnail and I'.
The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
A potentially forged signatureCase regarding airport landing slots in Dublin AirportRevenue case regarding a quarry and a tax liabilityHosted on Acast. See acast.com/privacy for more information.
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E118 The Fifth Court featuring retired judge Mary Fahy
Judge Mary Fahy retired from the Irish District Court on January 31, 2025, concluding a distinguished 31-year judicial career. Appointed to the bench in the early 1990s, she served in various jurisdictions, including Dublin and Galway, and was known for her commitment to accessible justice and her forthright approach to the law.Law
Career HighlightsThe ‘C’ Case: In the late 1990s, Judge Fahy presided over the high-profile 'C' case, involving a 13-year-old girl who became pregnant after rape and sought to travel abroad for an abortion. Judge Fahy ruled in favor of the girl's right to travel, a decision later upheld by the High Court. This case attracted significant attention and was the only instance where she recalled receiving hate mail during her career. Aran Islands Court Sittings: Demonstrating her dedication to community-based justice, Judge Fahy traveled by ferry to Inis Mór three times a year to hold court sessions in both English and Irish, addressing cases from all three Aran Islands. She believed these sittings were vital for ensuring that island residents felt connected to the justice system. Golfgate Trial: In 2022, she presided over the 'Golfgate' trial, swiftly dismissing charges against former senator Donie Cassidy and others after a brief deliberation, stating that the prosecution had failed to establish a prima facie case.As always guests are asked for their (sometimes) legally based recommendations for books or movies. Judge Fahy proposed the movie Fargo and a book , The Coast Road, by Alan Murrin
The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners
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Saknas det avsnitt?
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E117 The Fifth Court throws the spotlight on one of the country's most colourful solicitors, Paul Keane, former Managing Partner at Reddy Charlton (where he started at 17 years of age), now a consultant to that firm, as well as having been the Chair of the North Fingal Beekeepers Association!
He was originally inspired by Lord Wedderburn and his legal insights. - "Company law has given me some of my best moments in my career"By simply saying 'Yes' led to some big opportunities in European lawHe's concerned about legal deserts - areas of the country where there is an absence of legal firms, which causes difficulties in accessing justiceHe is a member of the Order of the Polar Star - he explains how he received this honourHe had a beehive outside his office in central Dublin - and wait'll you hear him on bees and the Brehon Laws. Sweet. His cultural recommendation, 'More Than Honey' (a Netflix movie) - and for a book he recommends the writings of Patrick Leigh FermorAlso, our hosts discuss some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors and Collaborative Practitioners of Dun Laoghaire, Dublin.
Don't forget the upcoming of the Kilkenny Law Festival 16th - 18th May where will be recording the podcast.
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E116 The Fifth Court - featuring the life and times of the "former" Master of the High Court, Edmond Honahan
Is he, was he still Master? He explains how it's down to an EU interpretation.
His cultural reference is the book 'Wolf Hall' (Hilary Mantel) because of a scene involving the malign influence of 'international bankers'.
Hosts Mark Tottenham BL and Peter Leonard BL start with a brief mention of the upcoming of the Kilkenny Law Festival 16th - 18th May
A brief discussion around some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors of Dun Laoghaire, Dublin.
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Episode 115 – The Fifth Court
He’s held one of the highest offices in the land, but what’s life really like after the robes are folded away?
In this episode, Frank Clarke SC, former Chief Justice, returns to the studio for the second half of his conversation with Mark Tottenham BL and Peter Leonard BL. The discussion moves effortlessly from courtroom anecdotes to reflections on the evolving nature of legal practice—and yes, there’s plenty of dry wit and the kind of behind-the-scenes insight you won’t find in the law books.
Whether you're in chambers or just legally curious, this one’s well worth a listen.
#TheFifthCourt #LawAndLife #FrankClarkeSC #IrishBar #CourtsOfIreland #JusticeReflections #BehindTheBench #LegalLegends #PodcastForLawyers #MarkTottenham #PeterLeonard #IrishLegalVoices
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Episode 114 The Fifth Court
Former Chief Justice Frank Clarke SC - Part I.
In this episode, The Fifth Court welcomes none other than Frank Clarke SC, former Chief Justice and one of Ireland’s most respected legal minds.
Frank joins Mark Tottenham BL and Peter Leonard BL for a relaxed and entertaining chat that ranges from the inner workings of the Supreme Court to how he’s spending his time back at the Bar. There’s legal insight, a few surprises, and a welcome reminder that even the country’s top judges enjoy a good laugh.
Tune in for an episode that’s as thoughtful as it is good fun.
#TheFifthCourt #FrankClarke #IrishLaw #LegalPodcast #SupremeCourt #BarOfIreland #JusticeMatters #LawTalks #IrishLegalCommunity #PodcastInterview #MarkTottenham #PeterLeonard
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A bonus episode, from The Fifth Court team.
Episode No.12 The Fifth Court UNPRECEDENTED - recent interesting cases, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL.
Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin
Hosted on Acast. See acast.com/privacy for more information.
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E113 The Fifth Court Dr Susan Leahy, University of Limerick, on consent.
DSBA 'Podcast of the Year'
Hosts Mark Tottenham BL and Peter Leonard BL talks to Susan Leahy, Associate Professor in Law whose primary research interests are in the areas of criminal justice (with particular emphasis on sexual violence and victims of crime) and family law (specifically domestic abuse and marriage). Her thesis was entitled The Rules and Realities of Consent in Irish Sexual Offences Law: Perspectives on Reform and examined the rules relating to consent in Irish sexual offences legislation.
She has co-authored two books: Sexual Offending in Ireland: Laws, Procedures and Punishment, (Clarus, 2018) and The Victim in the Irish Criminal Process (Manchester University Press, 2018).
She is the director of the BA (Criminal Justice) and director of the Centre for Crime, Justice and Victim Studies (CCJVS).
Hosted on Acast. See acast.com/privacy for more information.
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A bonus episode, from The Fifth Court team.
Episode No.11 The Fifth Court UNPRECEDENTED - recent interesting cases, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL.
Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin
Hosted on Acast. See acast.com/privacy for more information.
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E112 The Fifth Court
'Live' from University of Limerick, hosts Peter Leonard BL and Mark Tottenham BL, are joined by Prof. Jennifer Schweppe, Co-Director, European Centre for the Study of Hate - Everything you need to know about Hate Crime
Jennifer's culture choice, Jane Casey's series of books featuring Maeve Kerrigan, a police officer, solving crimes.
ALSO, Why the Moon Travels, by Oein DeBhairduin
You'll also learn that UL (University Of Limerick) was built around Plassey House, home of (Robert) Clive of India, who amassed enormous personal wealth during his time in India, partly through alleged looting and bribes. He was later investigated by the British Parliament for corruption and enrichment through questionable means (though he was ultimately exonerated).
Hosted on Acast. See acast.com/privacy for more information.
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A bonus episode, from The Fifth Court team.
Episode No.10 The Fifth Court UNPRECEDENTED - recent interesting cases, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL.
Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin
Hosted on Acast. See acast.com/privacy for more information.
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Episode 111 The Fifth Court
DSBA 'Podcast of the Year'
Patrick Costello, barrister and former Green Party TD and party spokesperson on Justice
He took the CETA (EU Canada trade agreement involving private courts) case to the Supreme Court
If haven't delved into these private courts, this is a 'must listen'.
His choice of movie: (the brilliant) My Cousin Vinnie - dir. Jonathan Lynn (Patrick wrote an essay about it).
His book recommendation: An Inconvenient Genocide: Who Now Remembers the Armenians? by Geoffrey Robertson
Hosted on Acast. See acast.com/privacy for more information.
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A bonus episode, from The Fifth Court team.
Episode No.9 The Fifth Court UNPRECEDENTED - recent interesting cases, including a legal challenge by a pilot against Ryanair, taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL.
Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street, Dun Laoghaire, Co. Dublin
Hosted on Acast. See acast.com/privacy for more information.
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E110 The Fifth Court
DSBA Podcast of the Year
Brendan Slattery, Head of Environment and Planning, McCann FitzGerald solrs. talks to our interlocutors, Peter Leonard, BL, and Mark Tottenham, BL, about the new Planning Act (all 900 pages of it).
As Peter says, what Brendan doesn't know about planning law isn't worth knowing. And, as always, there's a back story. He was once a goat farmer.You'll also hear about Elvis Presley's connections with Wicklow.
His choice of book is The World for Sale by Javier Blas & Jack Farchy and for a movie he recommends A Complete Unknown, the movie about Bob Dylan.
Hosted on Acast. See acast.com/privacy for more information.
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A bonus episode, from The Fifth Court team.
Episode No.8 The Fifth Court UNPRECEDENTED - recent interesting cases taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL.
Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street,
Hosted on Acast. See acast.com/privacy for more information.
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E109 The Fifth Court
A most amusing encounter.
Hosts Peter Leonard and Mark Tottenham talk to retired judge Bernard Barton, a fabulous raconteur, about his life and times, including his career as a used car salesman!
Bernard Barton is a retired Irish judge who served on the High Court from 2014 until his retirement in March 2021. During his tenure, he was known for his opposition to certain judicial reforms, notably the controversial guidelines proposed by the Judicial Council's Personal Injuries Guidelines Committee. These guidelines aimed to standardise awards in personal injury cases, a move Barton and several of his colleagues resisted.
He remains actively engaged in legal discourse, particularly concerning defamation law. He has been a vocal critic of government proposals to abolish juries in High Court defamation cases, arguing that such a move would undermine the role of juries in the judicial process. Beyond this he has expressed concerns about the composition of the High Court bench, suggesting it does not adequately represent a fair cross-section of society. He has also advocated for the utilisation of retired judges to alleviate pressures within the court system, proposing that experienced former judges could be called upon to assist as needed.
He recommends a number of movies, including Laurence of Arabia, Gandhi and A Man for All Seasons.
His choice of book is 'A sparrow's flight : the memoirs of Lord Hailsham of St. Marylebone'
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E108 The Fifth Court
Dr Thom Mohr on Hugh Kennedy, first Attorney General of the Irish Free State and law reformer who had some radical ideas in his time. This is a most entertaining episode, including details of little known attempts by Hugh Kennedy to disrobe judges and re robe them in the Brehon Law style (or what was his interpretation of such)
Thomas Mohr is a distinguished legal scholar and educator based in Ireland. He serves as a faculty member at the School of Law, University College Dublin (UCD), where he teaches jurisprudence, evidence law, and the history of public law. His research primarily focuses on legal history, and he has contributed extensively to the field through various publications. Dr. Mohr is an active member of the Irish Legal History Society, having held positions such as Honorary Secretary from 2009 to 2017 and Vice President since 2018.
His cultural recommendation is a book, 'A century of courts, The Courts of Justice Act, 1924'
Niamh Howlin, editor (Four Courts Press)
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E107 The Law Reform Commission, 50 years old
Modernising the law. How we change the law to update it.
The programme for work is laid out in conjunction with the Office of the Attorney General.
Next year they'll be canvassing the public to find other areas of legislation that might do with some updating.
The Irish Law Reform Commission is an independent statutory body responsible for reviewing and recommending reforms to Irish law. Its goal is to ensure that the law is fair, modern, and accessible. The LRC
Conducts research and publishes reports on areas of law that may need reform.Consults with legal experts, policymakers, and the public on proposed changes.Recommends legislative reforms to the government to improve clarity, fairness, and efficiency in the legal system.Codifies and consolidates laws to make them easier to understand and apply.The Commission covers a wide range of legal areas, including criminal law, civil law, family law, constitutional issues, and digital law.
While its recommendations are not legally binding, they often influence government policy and lead to new legislation.
When it comes to cultural recommendations with a legal theme Siobhan recommends the movie 'The Motorcycle Diaries' while Caoilin recommends a book, 'Unlawful Killings', by Wendy Joseph, KC.
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A bonus episode, from The Fifth Court team.
Episode No.7 The Fifth Court UNPRECEDENTED - recent interesting cases taken from the Decisis.ie Law Reports casebook introduced by Mark Tottenham, BL, and Peter Leonard, BL.
Brought to you thanks to Charlton's Solicitors and Collaborative Practitioners, of George's Street,
Hosted on Acast. See acast.com/privacy for more information.
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E106 The Fifth Court
DSBA 'Podcast of the Year'
The Fifth Court LIVE! Part II.
Presenters Mark Tottenham BL and Peter Leonard BL are joined live at the Law Society by Rachel Stanton, Country Head for Ireland, Simmons & Simmons as well as by James Duggan, Managing Partner, Flynn O'Driscoll Solicitors. They discuss whether a legal Big Bang is currently unfolding at larger law firms in Ireland.
Listen back to Episode 105 for Part I - essential listening for anyone in law.
Hosted on Acast. See acast.com/privacy for more information.
- Visa fler