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The Fifth Court - DSBA Legal Podcast of the Year

Ireland's legal podcast


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  • 79. E79 The Fifth Court - Mema Byrne BL - Landlord and Tenant Law (Commercial Sector) expert author

    40:05
    E79 The Fifth CourtHosts 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 softwareAnd, as always, the two hosts review three higher court cases drawn from the Decisis.ie casebookThe 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 timber

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  • 78. E78 The Fifth Court - The Bloomsday Episode - Hosts Mark Tottenham BL and Peter Leonard BL on Ulysses and the obscenity laws

    30:47
    E78 The Fifth CourtDSBA Legal Podcast of the YearWith 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.
  • 77. E77 The Fifth Court - Krystian Boino, trained Polish judge who runs his solicitor's practice in Ireland

    36:13
    E77 The Fifth Court - with @Mark Tottenham BL and @Peter Leonard BLWith thanks to Clio Legal SoftwareSomething 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 casebookAn 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.
  • 76. E76 The Fifth Court - Senator Barry Ward BL on the powers of local authorities and elected councillors

    39:08
    E76 The Fifth Court DSBA 'Podcast of the Year'With thanks to Clio Legal SoftwareHosts 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.
  • 75. E75 The Fifth Court - Joe Brolly, life, times and law.

    46:08
    E75 The Fifth Court - recorded at the Solicitor's Growth SummitOur hosts, Mark Tottenham BL and Peter Leonard BL are joined by barrister Joe Brolly BL, the well know GAA football analyst who played at senior level for Derry and was a member of that county's only All-Ireland Senior Football Championship winning side in 1993. An entertaining romp through the life and times of the well known lawyer and pundit. About the Northern Troubles, according to Joe his mother always said, 'he started the Troubles'. Having won an All-Ireland he was dispirited and wondered 'Is that it?' He denies Mary McAleese's description of him being (one of her) outstanding students. Great entertainment. His book recommendation? 'The Fight' by Norman Mailer.Peter and Mark also delve into three more cases from the Decisis.ie casebook. They include:A bankruptcy case where there was non-disclosure of a property in Thailand and a BVI company. A case involving an 'enduring power of attorney' where a woman was said not to have the ability to control her own affairs.A child abduction case where the judge decided it was not in the child's interest to be sent back to Ireland from Poland.
  • 74. E74 The Fifth Court - Cynthia Ní Mhurchú BL - Europe, Eurovision and legal life after RTE

    39:45
    E74 The Fifth Court with Mark Tottenham BL and Peter Leonard BLFrom Riverdance to the Four Courts, a life after RTE for TV personality turned barrister Cynthia Ni Mhurchú who is hoping for another career pivot as she stands for election for the EU Parliament. Obviously there was discussion with our two hosts about the iconic Eurovision Song Contest night, presented in Dublin by Cynthia and the late Gerry Ryan along with Michael Flatley, 'The Bull McCabe' is how she describes him, and the beautiful Jean Butler. She relives that truly electric evening along with "The Rock'n'Roll Kids"After TV came a career in law and she concentrates on family law nowadays, saying about herself that she 'does a lot of listening'. However a fateful meeting at a dinner convinced her it was time to head for Europe where she hopes to make a change, particularly around women and the law.This episodes cases from the Decisis.ie casebook include;A medical negligence case involving a woman who sustained injuries during childbirth back but the defence claimed that the statute of limitations applied.A property dispute involving a family home.A wardship case about whether a woman, a ward at the time, was allowed to take control of her own life again.
  • 73. E73 - Pt. 2 'A Century of Irish Courts' - Mr. Justice Gerard Hogan, Supreme Court & Prof. Diarmaid Ferriter, UCD

    27:05
    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 courtsPart 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 Office of President, the great understanding of De Valera of constitutional law drafting, "the '37 Constitution was a very significant human rights document", the Constitution was a 'great success', Plus three more recent important cases, drawn from the Decisis.ie casebook includingAn injunction successfully granted against a winding up petition against a businessA Landlord and Tenant case about a claim of frustration of a lease due to Covid.A Personal Injuries case taken by a former pupil against his old school long after having left.With thanks to Clio legal software