The Fifth Court

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...

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 disc...

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 fi...

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...

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 em...

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 Practic...

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 hoo...

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' ma...

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...

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 ou...

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 ap...

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...

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 Rug...

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 Iris...

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...

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 priva...

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 grandfather Todd Andrews, a veteran of the War of Ind...

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 development land. For a variety of reasons, the report w...

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 rights lawyer that led to his current post as well as...

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 book of its type to examine the profession from...

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 wig...and they ask how much her extensive legal kno...

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', the SC (senior counsel) title, problems getting a...

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 learn about the nuances of wardship in law and th...

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 has just published his latest book ' Killing Thatch...

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 Crown' .   It tells the story of how the Iris...