The Fifth Court - DSBA Legal Podcast of the Year

Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BLThe Apple Tax CaseWill they, won't they? Should they, would they?Questions, questions, questions about the now infamous 'Apple tax case' whereby some groups are hoping to make the Irish State accept more than €13bn in taxes they say are owed by the global iPhone maker. Meanwhile the Irish Government is hoping to avoid receiving this massive windfall!It's a case without precedent in Ireland that has given its own windfall to the commentariat.On this episode our hosts interview Dr. Charles Garavan, lawyer and tax expert, who is Assistant Professor at the Business Faculty at UCD. (BTW, he's also a 'memory man' that you'll learn more about on the podcast. Fascinating.).The Apple case may be heading, slowly but finally, towards a conclusion. This interview is an 'Apple Tax 101' that will have you perfectly informed when discussing it with colleagues.Charles' book choice is 'A Guide to the Good Life' by William B. IrvineAs always our two hosts also delve into three recent cases from the Decisis.ie casebook, including;A habeas corpus application where the judge ruled that a doctor had withheld relevant informationA personal injuries case where an employee cut themselves whilst carrying trays. The judge in this case decided there was partial responsibilityA case under a European Arrest Warrant where a Czech national was wanted for road traffic offences in his native country. The judge ordered him sent back.With thanks to Clio legal software

E70 The Fifth Court Hosts Peter Leonard BL and Mark Tottenham BL entertain a most entertaining guest on this episode. Des Geraghty, a national figure for his work in the trade union movement, former president of SIPTU, one time MEP, a writer, musician and so much more (as you'll hear) joins our two interlocutors to discuss the most interesting cases ( as there were a number) involving the so-called Sinn Fein Funds. The conversation eventually gets to the London based Hurlingham private members club, founded in 1869, and how its history had a direct bearing on where those so-called 'Sinn Fein Funds' ended up. It will also be of interest to students of recent Irish history as to how Judge Kingsmill Moore traced back the Sinn Fein lineage. A bit of 'Who Do You Think You Are' on The Fifth Court.Three cases from the Decisis legal casebook include;A case involving a collision at sea involving a trawler and a bulk carrier. One of them made 'foolhardy turn' according to the judge hearing the case.A second is a personal injuries case and the discovery of medical records. The judge decided he didn't want any fishing expeditions.The third case is yet another Isaac Wunder order where Mr. Justice Charles Meenan decided that the appellants had made scurrilous claims.With thanks to Clio Legal Software.

E69 The Fifth Court with Mark Tottenham BL and Peter Leonard BLLiam Herrick, Executive Director of the Irish Council of Civil Liberties talks about the so-called 'Hate Speech' legislation and how difficult it can be to prosecute and enforce such laws. It's a very timely interview about some of the many complexities that could arise from such legislation, but also about the reasons that the legislation may be needed in the first place.Liam also discusses his three years working as general adviser to Uachtarán na hÉireann, Michael D Higgins. Fascinatingly he asserts that the media and others are incorrect when they query whether the President's 'words' have been cleared by the Government. He says that such permission is simply not necessary and may be 'imagined by the commentariat'. He calls it an 'incredible misconception'. He also talks about when the President visited the UK.And, as usual, our interlocutors discuss three recent cases drawn from the Decisis casebook including;+ A challenge to a planning permission given to a windfarm. Judge Egan decided that the windfarm was too noisy.+ A 'delay' case where little or nothing had proceeded in this case since 2009 but was in front of the courts again in 2023.+ A case where a family in a 'Witness Protection Programme' were seeking new marriage certificates and birth certificates to confirm the family's new identity. However, it seems it's not that straightforward to get a new identity, and legislation may be needed.As always, essential listening for practitioners, students and the curious public.With thanks to Clio Legal Software

E68 The Fifth CourtWinner Dublin Solicitors' Bar Association Legal Podcast of the YearHosts Peter Leonard BL and Mark Tottenham BL discuss some of the biggest and best known Irish corporate law cases with one of the Big Beasts in corporate law in Ireland, solicitor and Senior Counsel Paul Egan, who has the most fascinating background in theatre, music and music composition. There's even mention of Mike Oldfield, of Tubular Bells fame. We doubt if you knew that about this seriously eminent lawyer?Paul's choice of books for listeners are 'Barbarians at the Gate' and 'Servants of the Damned'. He also recommends the movie 'Wall St.'.Peter and Mark also tackle three recent high profile cases from the Decisis casebook.A case involving the signing of a bond in reference to a suspended sentence. But the case got a bit more complicated than that when the accused left court without having signed the bond.A second case involving a family law issue and an overseas bankruptcy that could have a direct bearing on the family law hearing.Finally, a planning case involving the granting of a planning permission for a Strategic Planning Development and An Bord Pleanála

E67 The Fifth Court with Peter Leonard BL and Mark Tottenham BLOn this episode, former Garda sergeant now barrister, Michael Daly BL, author of a new book on drink and drug driving in Ireland discusses some of the many legal issues involved in this most contentious area of law.The book a meticulously compiled guide, unravels all the dimensions of drink and drug driving offences offering up the knowledge and insights necessary to navigate this ever-evolving complex area of law. His book draws on judgments of the Superior Courts in this jurisdiction and elsewhere, and explores the intricate web of statutes, regulations and constitutional principles that inform this area of law.From the initial stop by the Gardai to sobriety tests, blood alcohol concentration analysis and trial procedures, each stage of the legal process is dissected with precision. This arms the reader with a comprehensive understanding of the nuances involved.The layout follows a chronological order from the initial suspicion by Gardaí right through to an appeal to the Circuit Court or a case stated.Beyond the courtroom, the broader implications of drink and drug driving is referred to including, but not limited to the rights of victims, comments by the Judiciary and the cost to society.Peter and Mark also discuss three more cases from the Decisis.ie casebook.A case involving a property dispute where there were questions about the property's titleA labour law dispute between a trade union and a large construction contractor focussed on previous agreements and whether all necessary criteria had been met.A third case involving the purchase of property in Italy by a number of family members and where the judge decided that a full hearing of the facts was necessary.   

E66 The Fifth CourtHosts Mark Tottenham BL and Peter Leonard BL have a most entertaining discussion with retired District Justice, Olann Kelleher, about his fourteen years on the bench in Cork (as well as being on the bench for the historic Munster V All-Blacks match in 1978 - including a classic one-liner from legend Moss Keane). The former judge says there are too many loopholes in our drink/driving laws and they need to be updated. Continuing on the alcohol theme his greatest shock was the abuse suffered by A&E nurses and other staff who are regularly attacked by drunken patients. He cites the case of one nurse who was so traumatised by being attacked that she'll never work as a nurse again.He is hugely concerned about the amount of cocaine use in Cork and he explains how he dealt with 'first time cocaine' cases along with the Probation Services. And he refers to the harassment of Cork legend Roy Keane by locals, a subsequent court case and the wisdom of the Number 16 shirt wearer and why he insisted on bringing the matter to court, against the wishes of his then employers.His recommendation of a legal book for either professional or lay person is Ruadhán Mac Cormaic's book, 'The Supreme Court' - easily the most recommended book on the podcast.This interview will put a smile on your face.Our interlocutors also review three cases from the Decisis.ie casebookA waste management case and the refusal of a permit to a person deemed not 'fit and proper'A case involving a planning delay that our two barristers felt would have great significance for 'delayed' cases.A case about misconduct in court (accused threw a bible at the judge) and whether the accused could be sanctioned by the Prison Authority.With thanks to Clio.com/ie

E65 The Fifth Court Saoirse Brady, Executive Director of the Irish Penal Reform Trust, joins Peter Leonard BL and Mark Tottenham BL, to talk all things prisons related (including the problems caused by mental health issues in jails - a very, very big problem according to Saoirse). Interestingly, research from Maynooth University is showing that a big majority (9 out of 10) of employers are willing to give ex-prisoners a chance in the workplace, something that may surprise.On the date of recording the Irish Prison System was at 107% capacity.Her recommendations for a book include 'Poor' by Katriona O'Sullivan and 'Just Mercy' by Bryan StevensonAnd, as always, our interlocutors interrogate some recent high profile legal cases from the Decisis.ie casebook:The first case concerns the cost of judicial review where the respondent was a solicitor.The second case concerns fixed penalty notices given out by An Garda Síochána during the Covid lockdownThe third case, in the name of the fada, is about the use of the 'síne fada' (or as Google likes to describe it, 'the long extension'), on websites. A case for the Data Protection Commission.

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 imagine.Zeldine is a practising barrister and holds a Ph.D on international space law. During her years of doctoral research, she was a participant in the European Space Agency's student participation programme. She has published widely in the field of space law in Ireland, the Netherlands and the U.S. and has taught at Trinity's Law School. She has also taught in Kosovo with the Irish Rule of Law International's project there in coordination with the Kosovo Chamber of Advocates. She is a member of the Society of Legal Scholars. As always our dynamic duo of interlocutors discuss three recent prominent cases from the Decisis.ie casebook.A case between Ryanair and On The Beach Ltd, concerning the latter's alleged screen scraping.A case involving a lay litigant who brought proceedings against the HSE, arising from certain medical treatments but the appellant hadn't brought any expert medical opinion to support her claim. In the third case the issue of 'nesting', where children remain in the family home, whilst the parents move in and out, alternately, following a separation, something that arises when two parents can't afford two separate homes.

E63 The Fifth CourtWith 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 discuss the referendums they give an update on developments in family law in Ireland (e.g. very few people seek nullity any more). They say that a 2 year wait for divorce is still too long. And they discuss surrogacy, recently highlighted by the 'Rosanna Davidson case'.The hosts also discuss three cases from the Decisis.ie casebookA case about the wording of a will involving alternate executorsA very long running case involving the spraying of commercially grown apples by a potato farmer adjoining the apple farm.A planning case about the claimed overshadowing of a passive solar house and the role of an expert in his own case.*P.S. Scholars often use referenda as the plural for referendum. This choice is a hypercorrection—it may sound like proper Latin, but it is not. Referendums is always the correct choice. However, we maintain that there is value in using referendums for multiple events and referenda for multiple propositions.