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cover art for E89 The Fifth Court - Colm O'Reilly - COO Business Post Group, Chairman Newsbrands Ireland, Board member Press Council of Ireland

The Fifth Court - DSBA Legal Podcast of the Year

E89 The Fifth Court - Colm O'Reilly - COO Business Post Group, Chairman Newsbrands Ireland, Board member Press Council of Ireland

Season 1, Ep. 89

E89 The Fifth Court - The Vacation Sittings

This is the third of four vacation sittings of the Fifth Court.


On this episode we've teamed up with our sister podcast That Great Business Show again to bring you an interview with Colm O'Reilly, COO Business Post Group, Chairman Newsbrands Ireland, Board member Press Council of Ireland. Colm discusses the laws of defamation and copyright, how it impacts all newspapers and what is in store for the broader newspaper industry, an essential part of a functioning democracy.

There are 206 other episodes of That Great Business Show to choose from at www.ThatGreatBusinessShow.com - The Fifth Court will return after its vacation.

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  • 90. E90 The Fifth Court - Sisterly, co-founded by Jenny O'Connell, well-known SC turned entrepreneur. Life after the bar.

    24:53||Season 1, Ep. 90
    E90 The Fifth Court - The Vacation SittingsContinuing our series of law related interviews whilst regular presenters Peter Leonard BL and Mark Tottenham BL take a well-earned break.Life after the law. On this episode, former Senior Counsel Jenny O'Connell along with her pals Louise O'Riordan and Aoife Matthews, have all given up high-powered 'real jobs' to take the entrepreneurial journey to sell their high-end women’s health supplement to the world. Developed solely with the female in mind, because women are not small men – is what they say. And, unbelievably, women were only included in clinical trials only from 1993 onward. And it wasn't until 2022 that complete female anatomy model was created (yes, we thought this was a mistake, but no, it's true.) They're raising funds with a view to expanding into the US (particularly interested in women investors), where they're also planning to manufacture their supplement.This interview was first posted on our sister podcast That Great Business Show with Conall O Móráin.
  • 88. E88 The Fifth Court - Expert Witnesses gone bad - Mark Tottenham BL, an expert on expert witnesses talks expert witnesses

    32:31||Season 1, Ep. 88
    E88 The Fifth Court - The Vacation SittingsThis is the second of four vacation sittings of the Fifth Court. On this episode we hear our Fifth Court co-presenter turned guest, Mark Tottenham BL and an 'expert witness' expert (!) (he's written the books - plural) talk all about the importance of the 'expert witness', but we start with 'expert witnesses' gone bad. It's a long list. We also ask if it's possible to make a living by being an expert witness. This comes from an interview Mark did with the Fifth Court producer Conall O Morain, on Conall's own business podcast, That Great Business Show (find it on Spotify etc).
  • 87. E87 The Fifth Court - Mediation v Litigation - The Peter Leonard interview

    29:16||Season 1, Ep. 87
    E87 The Fifth CourtThis is the first of four vacation sittings of the Fifth Court. On this episode we hear presenter turned guest, Peter Leonard BL and mediator, discuss the virtues of mediation versus litigation, in an interview Peter did recently with Fifth Court producer Conall O Morain, on Conall's own business podcast, That Great Business Show.
  • 86. E86 The Fifth Court - Probate Made Simple, Isabella Hughes, co-founder simpleprobate.ie

    28:55||Season 1, Ep. 86
    E86 The Fifth Court - DSBA 'Podcast of the Year'On this episode hosts Mark Tottenham BL and Peter Leonard BL are joined by Isabella Hughes, boxer (!) and former legal executive Cosgrove Gaynard Solicitors who has turned co-founder of Simple Probate, inspired by the founder's experience with probate inefficiencies. Talking to solicitors and executors highlighted the need to streamline tasks, boost efficiency, and improve client communication. Their mission is to streamline probate for solicitors with innovative solutions and an intuitive interface that enhances client communication and alignment. Her 'cultural recommendation' is Mary Robinson's book, 'Everybody Matters'She also recommends the movie 'Legally Blonde' as it's the movie that got Isabella interested in law.Our hosts also discuss three more cases from the Decisis.ie casebookAn unfair dismissal claim taken by a woman who was given her P45 when she became pregnant but the defendants claimed the P45 was sent in an 'administrative error'.A pre-trial application to the Central Criminal Court taken under the Criminal Procedure Act 2021A case involving the 'involuntary admission' under the Mental Health Acts
  • 85. E85 The Fifth Court - Ercus Stewart SC, a barrister since 1970 and a Law Library legend

    37:51||Season 1, Ep. 85
    E85 The Fifth CourtA most entertaining episode of podcast as our hosts Mark Tottenham BL and Peter Leonard BL chat to Law Library legend Ercus Stewart, a barrister for almost fifty five years during which time he has probably been involved in every type of legal case imaginable. The three even touch on Master and Servant law! His membership of associations probably tells a story or two...he's a member of;American Arbitration AssociationChartered Institute of ArbitratorsE.E.L.A. - European Employment Lawyer's AssociationFILA - Franco Irish Lawyers AssociationI.C.C. Arbitration CommitteeI.C.S.I.D. International Centre - ArbitrationInternational Chamber of CommerceIrish Society for Labour LawIrish Sports Council - Anti-Doping CommitteeLondon Court of International ArbitrationPanel member, Law Society Arbitration PanelU.A.E. - Union Des Avocats EuropeensAnd our hosts discuss three more case from the Decisis.ie casebookA proceeds of crime case involving an alleged fraudulent transactionA case where a job offer was revoked following a Garda vetting procedureA case concerning a European arrest warrant, a Croatian and alleged war crimes
  • 84. E84 The Fifth Court - How to fix a dysfunctional housing market - Martin Cooney, solicitor to developers

    39:32||Season 1, Ep. 84
    E84 The Fifth CourtHosts Mark Tottenham BL and Peter Leonard BL are joined in studio by solicitor and Partner at Byrne Wallace, Martin Cooney talking about the law and housing development. He thinks he was always was going to be a lawyer having, at the age of 12, drawn up a contract with his own mother, for payments for chores in the family home!He also is in the Army Reserve, something he recommends most highly. He still trains every year, as well as advising many top developers.So what in law what is holding up a functional housing market? Discuss. Spoiler alert. It involves planning permission. And kickbacks. And building inspections, at 12%, is very, very low. His cultural recommendation. A movie - The Mauritanian (2021)Plus three cases from the Decisis.ie websiteAn environmental law case involving the granting of a revised industrial emissions license for a cement plant.A wardship case involving a 96 year old woman and her granddaughterA second wardship case, involving a 'vulnerable' man and a nursing home
  • 83. E83 The Fifth Court - Big Problems with Enduring Powers of Attorney (EPA) - David Byrnes BL and solicitor Flor McCarthy, Founder Director of Solicitors Growth

    40:11||Season 1, Ep. 83
    E83 The Fifth Court Problems have emerged around new legislation around enduring powers of attorney (EPA). On this episode hosts Peter Leonard BL and Mark Tottenham BL discuss these issues, and some solutions, with David Byrnes BL and solicitor Flor McCarthy, Founder Director of Solicitors Growth, Ireland’s largest independent community of mutual support and collegiality for Irish legal professionals. David tells his own personal and poignant story about issues that arose with his own father-in-law. Mark and Peter also discuss three fresh cases from the Decisis.ie fileA tax case where a party failed to pay €180k in its entirety.Asylum law. A case involving a 'marriage of convenience'A money laundering case, referencing the infamous Northern Bank robbery.
  • 82. E82 The Fifth Court - Kevin O'Higgins, solicitor and scion of one of the country's best known legal families

    34:54||Season 1, Ep. 82
    E82 The Fifth CourtPeter Leonard BL and Mark Tottenham BL talk to Kevin O'Higgins, solicitor, about his life and times.As he says himself, 'After 40+ years of practising law, I’ve learned a few things along the way!' and he shares some of that knowledge at https://ohigginssolicitors.ie/blogBTW, when he started in law a fax machine was seen as near revolutionary!A sole practitioner he says he's so busy he sometimes turns business away. His recommendations for a legal book, Eugene McCague's book on law firm Arthur Cox.And, as always, three cases from the Decisis.ie casebook;A Judicial Review of a case involving The College of Anaesthesiologists of Ireland and recognition of a qualificationA Personal Injuries case taken against the State judged to be an abuse of the appeal processAn Isaac Wunder order, a person claiming he was 'immune from court orders'