The Fifth Court - DSBA Legal Podcast of the Year

Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of LawIn Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the most prominent human rights lawyers working on the island of Ireland today, Darragh Mackin, partner at Phoenix Law.This live podcast at the Allingham Festival 2025 was sponsored by www.brianjmcmullin.comStill in his thirties, Darragh Mackin has been at the centre of some of the most significant human rights and public law cases of recent decades, north and south of the Border. In this wide-ranging and deeply moving conversation, he discusses the lived reality of human rights litigation, the emotional weight of representing families over decades, and the importance of the rule of law when politics fails.Topics include:The enduring significance of the Human Rights Act and the Good Friday AgreementLegacy inquests, including Ballymurphy and the StardustThe “hooded men” case and the meaning of torture under international lawActing in controversial cases and for unpopular clientsThe Northern Ireland Legacy Act and why it has united opposition across communitiesThe role of lawyers when democratic institutions collapse or stallThe episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining:Company winding-up due to irretrievable breakdown between foundersSentencing in historic sexual offence casesSupreme Court rulings on compelled password disclosure and constitutional rightsThe Decisis section is proudly supported by Charltons Solicitors, specialists in family law and mediation.Recorded live at the Allingham Festival, Ballyshannon, this episode is a powerful exploration of law, justice and humanity.

The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:• Síofra O’Leary, former President of the European Court of Human Rights • Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human RightsThis episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.Decisis Casebook segment: Three further Irish decisions are discussed:DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence convictionE v E – relocation of children to the United Kingdom permitted despite the children’s stated wishesGarnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred Presented by Peter Leonard BL and Mark Tottenham BL.Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners.

The Fifth Court – Part 1: Ireland and the European Court of Human RightsPart 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems. Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook Three recent Irish decisions are discussed, includingEnforcement of a Danish arbitral award, with late-stage objections refusedJudicial review refused of a decision not to transfer a prisoner to an open prisonSecurity for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support. Part 2 follows next week.

 Courts, Climate & Common Sense – Austria’s Supreme Court President Georg Kodek on Why the Law Can’t Save the PlanetIn this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit down with Georg Kodek, President of the Austrian Supreme Court, during the European Law Institute Conference in Vienna.He explains why courts can’t be expected to fix climate change – and why real solutions must come from politics and public conviction, not litigation.From a Peruvian farmer’s lawsuit against German power plants to how TikTok might be used by the Austrian Supreme Court, Kodek discusses the limits of law in global challenges – and why judges must learn to speak to the public again.But first, three fascinating Decisis.ie cases:DPP v Clark – Repeat firearm offender sees sentence increased from 6 to 7½ years.DPP v BK – Conviction of a mother set aside after court finds statements in a safeguarding assessment unreliable.Harford v Commissioner of An Garda Síochána – Judicial review dismissed where a criminal trial was deemed an adequate remedy.Sponsored by Charltons Solicitors & Collaborative Practitioners, specialising in Family Law, Civil Litigation, Property, Wills and Probate.

The Fifth Court — Episode 133 Presented by barristers Mark Tottenham and Peter Leonard.This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is gaining ground, what makes it work, and how practice culture is changing for clients and lawyers alike.Then Mark and Peter review three recent Decisis cases (case-note segment sponsored by Charltons Solicitors & Collaborative Practitioners):A Court of Appeal judgment on alleged ineffective legal representation.A High Court ruling that quashed a same-day trial conviction on fair-trial grounds.A further decision testing procedural fairness and preparation time in summary proceedings.Clear takeaways — and the practical implications for practitioners and clients.

E131 The Fifth CourtCo-host of the Fifth Court, Peter Leonard, BL, met with Kirk Offel at the Dublin Tech Summit, promoter of the 5th Industrial Revolution.'Data centres are the most important things to be manufactured in the world'. That's Kirk's view and that's just the beginning of this terrific chat about all things AI and Data Centres.Kirk is not your typical tech CEO. From a military family, a former US Navy submariner, nuclear-trained engineer, cancer survivor, and now founder of Overwatch Mission Critical, he brings a mix of discipline, resilience, and purpose to the fast-changing world of digital infrastructure. His company designs and delivers the data centres that make the cloud, AI, and mission-critical systems possible — what he likes to call “the sky for the cloud.”You'll also learn everything you ever wondered about life in a submarine under the ocean...though some of what he's done he can't talk about.Before that, Peter and Mark Tottenham, BL, examine notable recent court decisions featured on Decisis.ie including:A 'Proceeds of Crime' case and whether it should be reopened with new material comes to light?A case full of energy, including a windfarm, a hydrogen plant and turf-cutting.Another planning case, this one regarding an old paint factory that was being used to house migrants. It turned out to be a moot case.Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

Episode 130 – The Fifth CourtRecorded at the Dublin Tech Summit, Peter Leonard BL speaks with Ukrainian Dr. Anna Mysyshyn, a leading expert in AI ethics, regulation, cybersecurity, and digital governance. Anna holds a PhD in Law and an LL.M. in Innovation and Technology, bringing both academic depth and practical insight to one of the most pressing issues facing courts, regulators, and governments worldwide: how to balance innovation with accountability in the age of AI.Before that, they examine notable recent court decisions featured on Decisis.ie including:A claim of 'adverse possession'...and fabricated documents. Judge Nolan declared it a fraud.A case involving an illegal adoption. A claim was made against the religious order that arranged the adoption, as well as against the State.A case where the court was asked to order the Minister for Defence to tell if there had been any side effects from the use of anti-malaria drug, Lariam.Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

Episode 129 The Fifth CourtElizabeth Winkler is an acclaimed literary critic and investigative journalist whose work spans some of the world’s most respected publications. She chats to Mark Tottenham BL on this episode of the Law Society of Ireland Award Winning Podcast.A graduate of Princeton with a master’s in English literature from Stanford, Elizabeth has built a reputation for fearless, insightful storytelling that challenges received wisdom.In her book Shakespeare Was a Woman and Other Heresies she dives into one of literature’s most incendiary debates—the authorship of Shakespeare—and explores how the controversy reflects wider questions about authority, identity, and who gets to shape history. It's a subject that has intrigued judges and lawyers for centuries. With wit and intellectual rigour, Winkler invites you to question long-held assumptions, making her a captivating guest for any conversation about literature, law, and the power of ideas.Her cultural recommendation is 'The Third Reich of Dreams: The Nightmares of a Nation' written by Charlotte BeradtBefore that, they examine notable recent court decisions featured on Decisis.ie including:A case about wills and probate...two wills followed by a codicil that refers to an earlier will. Legal arguments followed.A medical negligence case. A claim that a maternity hospital was negligent in the treatment of a patient.A party to a settlement wasn't happy with her legal team.Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.