Episodi
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Hosts Mark Tottenham BL and Peter Leonard BL chat to Marla Dukharan and Bill Black, world experts in White Collar Crime, at an early morning talk at the Kilkenomics Festival. They discuss white collar prosecutions, and the double standards applied to Caribbean countries by the OECD, as well as Bill's book, titled 'The Best Way to Rob a Bank is to Own One' !
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Episode 94 Aisling Meehan, Agricultural Solicitor
It takes specialist knowledge and understanding to appreciate the problems farmers face today. Every decision is affected by legal, tax and practical considerations specific to farming business.
As a qualified solicitor, tax consultant and young trained farmer, Aisling Meehan (ex William Fry) can combine all three aspects to ensure that every decision is in the best interests of the farming business as a whole. Rather than offer a broad range of legal services, the firm specialises solely in agricultural legal and tax matters. As well as operating a niche agricultural law and tax practice from offices located at the home farm, Aisling farms her own land in partnership with her husband. She also writes a weekly legal column for the Farmers Journal.
Her office is located in converted farm buildings, is easily accessible and informal in atmosphere. Due to the specialised nature of the work, Aisling Meehan Agricultural Solicitors have farming clients nationwide and is also regularly consulted by other professionals such as solicitors, accountants, auctioneers, bankers and agricultural advisors.
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Episodi mancanti?
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Recorded at the 2024 ELI (European Law Institute) Annual Conference held at the Kings Inns, Dublin, where Fifth Court presenters, Peter Leonard BL and Mark Tottenham BL, talk to ELI President, Professor Pascal Pichonnaz Professor Pichonnaz earned a Ph.D. that is in published form as ‘Habilitation’, a large book on the Law of Set-off. He teaches Contract Law, European Consumer Law, Roman Law and European Private Law at the University of Fribourg. He has been a visiting professor at the universities of Liège, Pisa, Glasgow, Clermont-Ferrand, Rome II, and Paris II, as well as at the Center for Transnational Legal Studies in London.He is admitted to practice law and completed his LL.M. at the University of California (Berkeley). He is also active as an arbitrator in international and national disputes.
Peter and Mark explain what has happened to the rundown on recent important cases. Listen to learn.
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Episode 92 The Fifth Court
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice in England and Wales and ELI Vice-President who attended the European Law Institute (ELI) conference in Dublin.
Established in 2011, the ELI emulates the American Law Institute and focuses on advancing all areas of law across Europe and beyond. As the premier Institute of its kind in Europe, ELI brings together over 1,700 jurists – including academics, judges, and practitioners – to enhance legal systems through collaborative projects.
Sir Geoffrey Vos was appointed as Master of the Rolls and Head of Civil Justice in England and Wales. In this office, he is President of the Court of Appeal (Civil Division) and leads the delivery and development of civil justice across the jurisdiction. He also has statutory responsibility in relation to the National Archives.
Until 10 January 2021, he was Chancellor of the High Court, in charge of the Business and Property Courts of England and Wales. Between 2015 and 2016, he was President of the European Network of Councils for the Judiciary and has been active for many years on behalf of the judiciary of England and Wales in international relations in Europe and beyond.
He is an Honorary Fellow of Gonville & Caius College, Cambridge. He is Keeper of the Black Books at Lincoln’s Inn. He has had a lifelong interest in social mobility and was Chairman of the Social Mobility Foundation between 2008 and 2011.
He was Chairman of the Bar of England and Wales in 2007.
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Episode 91, The Fifth Court
A slightly longer than usual edition of Ireland's favourite podcast as our hosts delve into the light and shade of Arthur Mathews new book, 'Walled In By Hate: Kevin O’Higgins, His Friends and Enemies'.
Arthur is well known as co-creator of Father Ted so naturally the talk starts with a chat about the modern sitcom masterpiece, and everybody's favourite Fr. Ted moments.
However, more sombrely, the talk then turns to the subject matter of Arthur's latest book, former Minister for Justice, Kevin O'Higgins, who on July 1927, at just thirty-five years old, was assassinated on his way to Mass in Booterstown, Co. Dublin. A reviled figure for anti-Treaty republicans, O’Higgins became the target of particular venom for his vocal support of the Free State government’s execution policy during the Civil War, which saw seventy-seven IRA men executed, including the best man at his wedding, Rory O’Connor.
If you like this episode please make sure to pass it on to others, and of course, leave a five star review.
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E90 The Fifth Court - The Vacation Sittings
Continuing our series of law related interviews whilst regular presenters Peter Leonard BL and Mark Tottenham BL take a well-earned break.
Life after the law. On this episode, former Senior Counsel Jenny O'Connell along with her pals Louise O'Riordan and Aoife Matthews, have all given up high-powered 'real jobs' to take the entrepreneurial journey to sell their high-end women’s health supplement to the world. Developed solely with the female in mind, because women are not small men – is what they say. And, unbelievably, women were only included in clinical trials only from 1993 onward. And it wasn't until 2022 that complete female anatomy model was created (yes, we thought this was a mistake, but no, it's true.) They're raising funds with a view to expanding into the US (particularly interested in women investors), where they're also planning to manufacture their supplement.
This interview was first posted on our sister podcast That Great Business Show with Conall O Móráin.
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E89 The Fifth Court - The Vacation Sittings
This is the third of four vacation sittings of the Fifth Court.
On this episode we've teamed up with our sister podcast That Great Business Show again to bring you an interview with Colm O'Reilly, COO Business Post Group, Chairman Newsbrands Ireland, Board member Press Council of Ireland. Colm discusses the laws of defamation and copyright, how it impacts all newspapers and what is in store for the broader newspaper industry, an essential part of a functioning democracy.
There are 206 other episodes of That Great Business Show to choose from at www.ThatGreatBusinessShow.com - The Fifth Court will return after its vacation.
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E88 The Fifth Court - The Vacation Sittings
This is the second of four vacation sittings of the Fifth Court.
On this episode we hear our Fifth Court co-presenter turned guest, Mark Tottenham BL and an 'expert witness' expert (!) (he's written the books - plural) talk all about the importance of the 'expert witness', but we start with 'expert witnesses' gone bad. It's a long list. We also ask if it's possible to make a living by being an expert witness. This comes from an interview Mark did with the Fifth Court producer Conall O Morain, on Conall's own business podcast, That Great Business Show (find it on Spotify etc).
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E87 The Fifth Court
This is the first of four vacation sittings of the Fifth Court. On this episode we hear presenter turned guest, Peter Leonard BL and mediator, discuss the virtues of mediation versus litigation, in an interview Peter did recently with Fifth Court producer Conall O Morain, on Conall's own business podcast, That Great Business Show.
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E86 The Fifth Court - DSBA 'Podcast of the Year'
On this episode hosts Mark Tottenham BL and Peter Leonard BL are joined by Isabella Hughes, boxer (!) and former legal executive Cosgrove Gaynard Solicitors who has turned co-founder of Simple Probate, inspired by the founder's experience with probate inefficiencies.
Talking to solicitors and executors highlighted the need to streamline tasks, boost efficiency, and improve client communication. Their mission is to streamline probate for solicitors with innovative solutions and an intuitive interface that enhances client communication and alignment.
Her 'cultural recommendation' is Mary Robinson's book, 'Everybody Matters'
She also recommends the movie 'Legally Blonde' as it's the movie that got Isabella interested in law.
Our hosts also discuss three more cases from the Decisis.ie casebook
An unfair dismissal claim taken by a woman who was given her P45 when she became pregnant but the defendants claimed the P45 was sent in an 'administrative error'.A pre-trial application to the Central Criminal Court taken under the Criminal Procedure Act 2021A case involving the 'involuntary admission' under the Mental Health ActsHosted on Acast. See acast.com/privacy for more information.
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E85 The Fifth Court
A most entertaining episode of podcast as our hosts Mark Tottenham BL and Peter Leonard BL chat to Law Library legend Ercus Stewart, a barrister for almost fifty five years during which time he has probably been involved in every type of legal case imaginable. The three even touch on Master and Servant law!
His membership of associations probably tells a story or two...he's a member of;
American Arbitration Association
Chartered Institute of Arbitrators
E.E.L.A. - European Employment Lawyer's Association
FILA - Franco Irish Lawyers Association
I.C.C. Arbitration Committee
I.C.S.I.D. International Centre - Arbitration
International Chamber of Commerce
Irish Society for Labour Law
Irish Sports Council - Anti-Doping Committee
London Court of International Arbitration
Panel member, Law Society Arbitration Panel
U.A.E. - Union Des Avocats Europeens
And our hosts discuss three more case from the Decisis.ie casebook
A proceeds of crime case involving an alleged fraudulent transactionA case where a job offer was revoked following a Garda vetting procedureA case concerning a European arrest warrant, a Croatian and alleged war crimesHosted on Acast. See acast.com/privacy for more information.
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E84 The Fifth Court
Hosts Mark Tottenham BL and Peter Leonard BL are joined in studio by solicitor and Partner at Byrne Wallace, Martin Cooney talking about the law and housing development. He thinks he was always was going to be a lawyer having, at the age of 12, drawn up a contract with his own mother, for payments for chores in the family home!
He also is in the Army Reserve, something he recommends most highly. He still trains every year, as well as advising many top developers.
So what in law what is holding up a functional housing market? Discuss. Spoiler alert. It involves planning permission. And kickbacks. And building inspections, at 12%, is very, very low.
His cultural recommendation. A movie - The Mauritanian (2021)
Plus three cases from the Decisis.ie website
An environmental law case involving the granting of a revised industrial emissions license for a cement plant.A wardship case involving a 96 year old woman and her granddaughterA second wardship case, involving a 'vulnerable' man and a nursing homeHosted on Acast. See acast.com/privacy for more information.
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E83 The Fifth Court
Problems have emerged around new legislation around enduring powers of attorney (EPA). On this episode hosts Peter Leonard BL and Mark Tottenham BL discuss these issues, and some solutions, with David Byrnes BL and solicitor Flor McCarthy, Founder Director of Solicitors Growth, Ireland’s largest independent community of mutual support and collegiality for Irish legal professionals. David tells his own personal and poignant story about issues that arose with his own father-in-law.
Mark and Peter also discuss three fresh cases from the Decisis.ie file
A tax case where a party failed to pay €180k in its entirety.Asylum law. A case involving a 'marriage of convenience'A money laundering case, referencing the infamous Northern Bank robbery.Hosted on Acast. See acast.com/privacy for more information.
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E82 The Fifth Court
Peter Leonard BL and Mark Tottenham BL talk to Kevin O'Higgins, solicitor, about his life and times.
As he says himself, 'After 40+ years of practising law, I’ve learned a few things along the way!' and he shares some of that knowledge at
https://ohigginssolicitors.ie/blog
BTW, when he started in law a fax machine was seen as near revolutionary!
A sole practitioner he says he's so busy he sometimes turns business away.
His recommendations for a legal book, Eugene McCague's book on law firm Arthur Cox.
And, as always, three cases from the Decisis.ie casebook;
A Judicial Review of a case involving The College of Anaesthesiologists of Ireland and recognition of a qualificationA Personal Injuries case taken against the State judged to be an abuse of the appeal processAn Isaac Wunder order, a person claiming he was 'immune from court orders'Hosted on Acast. See acast.com/privacy for more information.
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E81 The Fifth Court
Supported by Clio Legal Software
Hosts Mark Tottenham BL and Peter Leonard BL spoke to Arko Ganguli, co-founder of Letigify, an AI powered solution using audio-video authentication that allows clients to notarize documents online remotely from anywhere, without the hassle of visiting a notary public in person.
Arko is a trained lawyer and a legal consultant for over eleven years, working with various clients and organisations in different sectors and domains. He's also a certified mediator and a design thinking practitioner, with a passion for changing the way law works in the world, enabling legal teams and their clients to carry out their business more efficiently. He's eager to explore innovative ideas in legal tech, and to collaborate with other entrepreneurs, investors, and mentors in the field.
And as always, our two hosts discuss three new cases from the Decisis.ie website
An asylum case taken by a Ghanian national who claimed he was gay. IPAT questioned his bona fides.A family law case where foster parents tried to adopt a fostered child who had complex medical needs, but the birth mother withheld consent.A defamation case involving Google, YouTube (owned by Google) that was taken too late to join them as defendants.Arko recommends 'Judgement at Nuremberg' a 1961 American epic legal drama film directed by Stanley Kramer,
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E80 of The Fifth Court was recorded at the Dublin Tech Summit
AI not a concept, but a reality now in law. This is a must listen-to episode if you want to know what's about to happen to your legal practice.
Dr Leif-Nissen Lundbæk is FORBES 30-Under-30 Listmaker. He's also co-founder and CEO of the AI company Xayn. His company is working with CMS, an international law firm, offering companies and organisations advice on a full range of legal issues. CMS consists of 18 independent law firms with about 80 offices worldwide and is the world's 5th largest law firm by lawyer headcount and the 21st by revenue.
Prior to founding Xayn, Leif-Nissen Lundbæk worked at Daimler AG and IBM. He holds a degree in Economics from Humboldt University in Berlin, an MSc in Mathematics from Heidelberg University, an MSc with Distinction in Software Engineering from Oxford University, and a PhD in Computer Science from Imperial College London.
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Plus three more cases from the Decisis.ie casebook
A case where a wedding guest slipped on a dancefloor and her case was appealed right up to the Court of Appeal. The judge was very specific is his view on the plaintiffs sobriety at the event.A case involving a bank lending a mortgage to a couple, where the husband was making repayments but the lending contract was with the wife.A contractual dispute between an Irish company and a Dutch company involving a heat exchanger and chicken manure.With thanks to Clio legal software
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E79 The Fifth Court
Hosts Peter Leonard BL and Mark Tottenham BL are joined by barrister Mema Byrne BL, to talk about the 2nd edition of her book, Landlord and Tenant, (Commercial Sector). The three discuss many issues around this area of law in which she works and lectures - but also the road that brought her to law. She worked in banking which she says didn't 'resonate with her at all'. She had a child, needed a job, but not in banking. She did a night course in law - and as she says herself, started to 'eat it up'.
Her cultural recommendations include the art exhibition at the Royal Hibernia Academy as well as a book, Autobiography of a Yogi, by Paramahansa Yogananda (1946).
With thanks to Clio legal software
And, as always, the two hosts review three higher court cases drawn from the Decisis.ie casebook
The first case concerns the mandatory retirement age for a Sheriff (currently 70 years of age)The second case is about a confiscation order, its proportionality, amounting to almost €400,000The third case revolved around whether a baseball bat, used in an alleged assault, was made of metal or timberHosted on Acast. See acast.com/privacy for more information.
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E78 The Fifth Court
DSBA Legal Podcast of the Year
With thanks to Clio Legal Software.
Bloomsday is a celebration of James Joyce's Ulysses, taking place annually on June 16th. The date commemorates the events of the novel, which are set on June 16, 1904. This day is significant because it marks Joyce's first outing with his future wife, Nora Barnacle.
The publication of Ulysses itself became a landmark legal case in literary history. The novel was banned for obscenity in several countries, including the United States and the United Kingdom, leading to legal battles that challenged and eventually redefined the limits of literary expression and censorship.
Our hosts, barristers and literary buffs, Peter Leonard and Mark Tottenham discuss some of the many issues around the case taken in the US including some nuggets that you'll be able to 'drop' at the dinner party table when next discussing why you haven't finished reading Ulysses.
As always, Peter and Mark also discuss some more recent cases from the Decisis.ie casebook.
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E77 The Fifth Court - with @Mark Tottenham BL and @Peter Leonard BL
With thanks to Clio Legal Software
Something you may not have considered.
The Polish community, numbering above 100,000, is one of Ireland's largest non-Irish communities. Naturally, they need legal representation and advice. So who do they go to?
Krystian Boino obtained his masters degree from the University of Wroclaw, Poland in 2003. By 2006 he had completed a judge’s apprenticeship and successfully passed exams which entitled him to apply for judge vacancies in Poland. Krystian also qualified as a Polish solicitor (Radca Prawny) and is a fully qualified Irish solicitor since 2013.
Krystian says he's the only such lawyer from Poland registered in Ireland having full professional qualifications in both jurisdictions. He has been practicing since 2006 with William Crean & Co Solicitors and then with JC Hoban & Company Solicitors. He established Hoban Boino Solicitors in partnership with Joanne Hoban. Krystian advises clients from both Ireland and Poland as well as many other nationalities. He specialises in personal injury litigation and employment law and also advises clients in wide range of aspects of Polish law regarding wills and property.
Peter and Mark also take a look at three more curious cases from the Decisis.ie casebook
An Order 67 company law caseA case involving a guarantee given by a father for a son's debts, when the father tragically died.A case where the court was asked to adjudicate on the transfer of a vulnerable minor to the UK for care as suitable care was not available in Ireland.Hosted on Acast. See acast.com/privacy for more information.
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E76 The Fifth Court
DSBA 'Podcast of the Year'
With thanks to Clio Legal Software
Hosts Mark Tottenham BL and Peter Leonard BL interrogate Senator (and former councillor) Barry Ward BL about the powers that local authorities have and the claimed powers of local councillors (especially in the light of claims made in election literature).He discusses all aspects of local authorities including the corruption of the 1990's, the number of elected councillors and whether that could/should be cut, what the office of the new elected Mayor of Limerick might mean, and why other EU countries appear to have a better system of local government than Ireland (which ranks close to the bottom of surveys).
Barry's 'cultural recommendation'? Fatherland, by Robert Harris, a 1992 novel of alternate history conceived as: "What might have happened if the Nazis won World War II?
Our hosts also look at a further three cases from the Decisis.ie casebook
A tax compliance case where a tax payer wanted to cross examine his investigating revenue officer. The judge decided it was an attempt at trying to delay the case.A personal injuries case where a woman claimed she fell over tree roots that had broken through the pavement. She couldn't tell the court exactly where she fell nor did any of her three friends who her with her on the night of the fall choose to give evidence. A case involving the Charity Regulatory Authority and their powers of search (the CRA has assumed powers previously held under the AG's office). The Court decided that there was no obligation on the CRA to give advance warnings of investigations.Hosted on Acast. See acast.com/privacy for more information.
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