cover art for E70 The Fifth Court, Des Geraghty, former SIPTU President and MEP, on the Sinn Fein Funds cases of the 1940s.

The Fifth Court - DSBA Legal Podcast of the Year

E70 The Fifth Court, Des Geraghty, former SIPTU President and MEP, on the Sinn Fein Funds cases of the 1940s.

Season 1, Ep. 70

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.

More episodes

View all episodes

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

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

    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 casebook.
  • 77. E77 The Fifth Court - Krystian Boino, trained Polish judge who runs his solicitor's practice in Ireland

    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 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

    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 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.

    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 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

    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 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

    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 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
  • 72. E72 - Pt. 1 'A Century of Irish Courts' - Mr. Justice Gerard Hogan, Supreme Court & Prof. Diarmaid Ferriter, UCD

    E72 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 1. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, how politicians had to 'tread softly' to keep some of the more conservative lawyers on side, how referrals to the British Privy Council were ended, and on a lighter note, whether Mr. Justice Hogan would have preferred to the Brehon Law type robes that had been mooted!The two host also discuss three more cases from the casebookThe first case involved a non-compete clause where a senior staff member joined a rival company.The second High Court case is a Succession Acts case and a dispute involving three siblings and a question over signatures on disclaimersThe third case is a Defamation action involving businessman Declan Ganley and news outlet CNNWith thanks to Clio Legal Software
  • 71. E71 The Fifth Court - DSBA 'Legal Podcast of the Year' - Dr. Charles Garavan, UCD Business - The 'Apple Case'.

    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 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