Episodes
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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 Mark Tottenham to talk about the 'burning issue' in the Law Library - the campaign to reverse the cuts in legal criminal aid fees. These were cut during the time of the Troika, but the fees that were cut were State fees, so legal aid fees (not other fees), and these cuts have never been reversed.
Luigi talks about preferring criminal law over other areas such as property related cases where he didn't like when cases were being 'dragged out' 'so that fees would be generated'. 'Criminal (legal) work was easier to live with'.
Luigi says that in criminal cases nowadays that you 'can't touch client's money (for fees) because such monies might be the proceeds of crime' and therefore could be a criminal offence to accept such a payment. 'Drugs dealers have money, but you can't touch it' - so it's legal aid or nothing.
Peter Leonard asks Luigi 'how can you defend the bad guys' but Luigi interrupts and asks his own similar question that he's often asked, 'How do you defend people who are guilty' and he counters that by pointing out that 'on the other side' that there may be barristers prosecuting people who they know are innocent'.
Darren Lalor left school at 14 and decided to go back to school and college. A chance encounter with Luigi in the taxi that Darren was driving [he happened to be reading a law book so a conversation ensued] that has forged a lifelong and life changing friendship, and Darren joined the profession in 2015 specialising in criminal cases. Jokingly, he refers to media mentions of the Four Courts as being the Four Goldmines, while the Criminal Courts of Justice as being the Four Coalmines.
15.00" Luigi and Darren get into the meat of the campaign for the restitution of their fees back to the 2002 levels as he could work all day on a case and be paid €25. Luigi refers to one of his formal 'devils' who has fees outstanding from a solicitor of €7,000 - a 'loss' that she can't bear. They discuss the likelihood of a strike - which they say should happen 'sooner rather than later'.
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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 lead to a history book. He comments on the use of AI in court. He explains why he travelled to Poland to make his views on the legal system there known and he comments on the separation of powers and political bias in Ireland.
When asked for a cultural recommendation for those in the legal profession he suggests that all lawyers should channel their inner Gregory Peck.
Three cases from the Decisis.ie casebook include;
A case where a child was not entitled to Irish citizenship A commercial action involving an Isaac Wunder order and a claim of an abuse of the court systemA criminal case where a pathologist was not available for cross examinationHosted on Acast. See acast.com/privacy for more information.
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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 Irish language is a useful 'in' to the official institutions of the EU for those fluent in the language.
He discusses the difficulties of presenting a case in Irish because of the lack of Irish speaking judges. And which judges are bilingual? 'The posh ones and the clever ones' according to Daithí.
Movies including 'Millers Crossing' and 'The Grand Budapest Hotel' are his cultural recommendations for colleagues.
The podcast also includes three key cases from the Decisis.ie casebook including;
Debt settlement arrangement that was challenged by a number of those who were owed money. Mr. Justice Sanfey overturned an earlier judgement.A (very convoluted) case involving Russian companies but that was adjudged could be heard in Ireland - it could be a truly huge caseA case where a party issued proceedings and registered a lis pendens (a notice that litigation is pending) against a property. This can make a property unsaleable.Hosted on Acast. See acast.com/privacy for more information.
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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 with Mark Tottenham. Not too often you'll hear a High Court judge declare that 'He's scarlet for your ma!'
Cases from the Decisis.ie casebook discussed on this episode include;
A case involving a rateable valuation claim on toll booths
A planning judicial review involving the Protect East Meath lobby group
A defamation case that involved a plea regarding the statute of limitations
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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 firms will merge or be taken over...he has a report due soon on www.reportslegal.com
Decisis.ie cases include a case involving;
Availability of civil legal aid for charities (that is limited to 'natural persons')A decision in an autism case, reviewed by Ms. Justice PhelanA work related personal injury case, involving contributory negligenceHis cultural recommendation for lawyers, the movie 'Witness for the Prosecution'
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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 have our three Decisis.ie cases that includes;
Another case of medical experts giving evidence in a personal injury case and a view from the court on why that expertise should stand.
Also, an assault case where psychosis may have been a mitigating factor.
Finally, a wrongful dismissal claim where an employment injunction was sought.
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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 access to information' case.
Access to environmental (and other) information is vitally important to him and many of his clients.
The presenters also deal with cases from the Decisis.ie casebook.
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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 life figure in legal circles. He joins The Fifth Court to discuss issues around mediation, but Bill being Bill means the conversation flows widely.
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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 father, a shocking occurrence that that led him away from a science degree to the law. This changed his life in a fundamental way. He worked for a period in a Cashel, Tipperary practice with solicitor John Lynch. He established his own practice in 2010, largely focussed on medical negligence.
Vicky Phelan came to him, as a client, on January 2018 and he knew immediately he needed to push the case very quickly. 'She was just a wonderful person' he says. She was 'purposeful' according to Cian who added, that she was the most altruistic person he ever met.
He describes the introduction of a non-disclosure agreement by the other side in the Phelan case.
He discusses other similar cases involving screening programmes including BreastCheck, bowel screening and glaucoma screening.
He has some very strong words about the HSE's approach to aspects of the screening programme and its use of the court system.
He's very complimentary about Judge Kevin Cross who was helpful in moving the case along, conscious of that time was, unfortunately, limited for Ms. Phelan.
32.00"
He talks about a current eleven month backlog in court cases in his area of practice and he gives his views on the medical profession who feel they are 'put upon' because of the standards they say they are expected to meet.
34.00" He talks about solicitors referring clients to doctors (or not) and he refers to a previous Fifth Court discussion with Dr. Declan Keane, about 'expert shopping'.
He speaks up about legal costs, solicitors fees and the way in which his practice deals with these costs.
His 'cultural recommendation' for lawyers? The movie, 'My Cousin Vinny'. Great choice.
Book, 'Brideshead Revisited', for the magistrate's court scene in the book.
Please share this podcast with your colleagues.
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"British justice is a confidence trick"
World renowned barrister Geoffrey Robertson, KC, author of several books including his most recent, Lawfare, 'How Russians, the Rich and the Government try to prevent free speech' - how the defamation laws are being used by the super-rich to cover up wrong doing.
He says 'Britain doesn't have free speech, it has expensive speech'.
He recommends allowing juries for libel cases, but not to determine damages awards when they might apply. He suggests libel cases should be televised and says the TV companies could pay for the rights to cover the upcoming Meghan Markle V Daily Mail case.
He's currently working on a new edition of his book on 'crimes against humanity', including Putin's attack on Ukraine.
Geoffrey recommends his own book, 'The Tyrannicide Brief' to all budding legal eagles.
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E21 The Fifth Court features Martin Canny BL, talking about the new edition (3rd) of his essential handbook on the Statutes of Limitations just published. A CPD course in less than 40 minutes!
And our dynamic duo discuss three cases from the Decisis.ie casebook.
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Hosts Peter Leonard BL and Mark Tottenham BL talks all things Labour Court with retired chairman and barrister, Kevin Duffy.
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The Fifth Court barrister team of Peter Leonard and Mark Tottenham are joined by medical consultant. Declan Keane, obstetrician, gynaecologist and former Master of the National Maternity Hospital talking about expert witness use in negligence and other medical cases.
Our dynamic duo also discuss three more cases from the Decisis.ie casebook
One case involving citizenship rightsAnother, an appeal case, involving the Turf ClubA third case, a harrowing child protection case.Hosted on Acast. See acast.com/privacy for more information.
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Attending at The Fifth Court E18 are barrister Ciara Dowd BL and Aileen Curry, Partner at Curry & Hickey Solicitors who discuss the new Assisted Decision Making Act that will replace existing statutes concerning Wards of Court and Enduring Power of Attorney.
And as always we start with three cases from the Decisis.ie casebook
A family law case involving Ireland and Pakistan and allegations of child abductionA Landlord / Tenant where the tenants were deemed to be persons unknownThree Ireland (Hutchinson) V ComReg - re access to the mobile phone networkHosted on Acast. See acast.com/privacy for more information.
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The Fifth Court
Presenters Peter Leonard BL and Mark Tottenham BL (and editor of Decisis.ie) discuss three cases from the Decisis.ie casebook including an application involving 'winterization' of boglands where a windfarm was situated. Was the development authorised or not? The judge decides.
Secondly, Conor McGregor defamation case where McGregor used 'abusive and vulgar' language. But, did this include the word 'rat'?
Finally, the Enoch Burke case, and a December 2022 judicial decision that is very important.
The Big Interview on E17 is with Latin scholar (which becomes relevant) Stephen Hanaphy BL talks to our dynamic duo about copyright law including the high-profile Ed Sheeran case. Batman and Mickey Mouse get a look-in.
His culture 'must haves';
'Measure for Measure'- Shakespeare
Advocates (a book by Lord Pannick)
'Shoedog' memoir by Phil Knight, founder of Nike
'Intolerable Cruelty' movie with George Clooney and Catherine Zeta Jones
With thanks to Practice Evolve software for their support of this podcast.
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E16 The Fifth Court, Dr. Neil Maddox BL and lecturer in law at NUI Maynooth talks about the law around vaccines, vaccinations as well as giving us the history of previous Anti-Vax movements.
Our dynamic duo of presenters Mark Tottenham BL and Peter Leonard BL also discuss three cases from the Decisis.ie casebook including;
A curious extradition case involving two different or additional chargesA second case involved finding the source of €75,000 found in a CAB searchFinally a case called The Medical Council V B about allowing the identity of a doctor to be made public. Ironically 'B' remains B for the purposes of this case.Kindly supported by Practice Evolve software www.PracticeEvolve.com
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E15 The Fifth Court
Ireland's Legal Podcast, presented by Mark Tottenham BL and Peter Leonard BL
Three cases from the Decisis.ie casebook - the first regarding a contract and the fallout from Covid. The second, a dispute about contaminated molasses involving Glanbia. The third, an extradition case to Lithuania.The Big Interview is with Ted Harding SC, former editor of the Sunday Business Post who discusses media law including privacy cases, defamation cases, tribunals and he touches on the Anglo Irish Bank debacle.
Ted has many recommendations for books useful or of interest to those practicing or perusing the law, including Servants of the Damned (David Enrich), the Stay Tuned podcast presented by Preet Bharara, Rather His Own Man, a book by Geoffrey Robertson, No Ordinary Man a book by Dominic Carman....and he also recommends having a look at the 2nd Report of the Moriarty Tribunal!
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E14 of The Fifth Court presented by Peter Leonard BL and Mark Tottenham BL
On this episode the dynamic duo discuss three cases from the Decisis.ie casebook;
The first is a medical negligence case involving the use of epilepsy medicine during a pregnancy and this case was about the admission of new evidence.The 2nd case is about the liability of either tenant and a management of an apartment complex, where the tenant, who claimed he slipped in a common area, is a member of the management company .The final case is about alleged trespass by a drone, what constitutes a trespass when a drone is above land.All fascinating cases, essential updates for practitioners.
The Big Interview is with Gemma McLoughlin-Burke who spent over 3 years as a Judicial Assistant to Mr. Justice Robert Haughton. The JA, as they're known, replaced the tipstaffs that accompanied judges around the courts. The role has changed hugely and, Gemma says, is a great grounding in the legal process for lawyers.
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E13 The Fifth Court - Hosts Peter Leonard BL and Mark Tottenham BL talk to Claire Bruton BL & Cliona Kimber SC about the 2nd edition of the book, Employment Equality Law (co-authored by High Court judge, Marguerite Bolger) about changes that have taken place in employment law over the last decade that merited a 2nd edition of this standard essential legal book.
Our dynamic presenting duo also discuss three cases from the Decisis.ie casebook including what constitutes a 'marriage of convenience', another regarding the free movement of goods and finally a sexual offences appeal case.
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E12 - Frank Buttimer, renowned Cork solicitor, associated in the media with his ultra-high profile client Ian Bailey but a criminal lawyer who covers so much more. A fascinating and insightful chat with the one of the legal profession's most colourful characters.
He also refers to the Wayne O'Donoghue case, to Marie Farrell's intervention in the Ian Bailey case but of course he devotes much of his chat to the case surrounding the death of Sophie de Plantier
Presenters Mark Tottenham and Peter Leonard also discuss two cases from the Decisis.ie casebook of current cases and judgements.
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