The Fifth Court

Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the lawIn this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell.Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings.The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood.The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history.Decisis Case Notes With thanks to Charlton Solicitors & Collaborative Practitioners, sponsors of the Decisis law reports segment.This week’s cases include:Pizzarchi v Kepak Cork Unlimited Company – renewal of a lapsed personal injury summons refused due to deliberate inactionDPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victimEastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custodyKey Timestamps00:05:54 – Introduction to Mr Justice Brian Cregan00:23:05 – Parliamentary obstruction and the mechanics of power00:31:42 – The Pigott cross-examination and the Special Commission00:37:20 – The O’Shea divorce proceedings and political consequences00:42:56 – Parnell and O’Connell compared 

Máirín De Búrca is in front of the courts again | The Fifth CourtThere are some names that belong in the footnotes of Irish history. Máirín De Búrca belongs in the headlines.In this very special episode of The Fifth Court, Peter Leonard and Mark Tottenham visit Máirín at home to talk about a life that took her from Chicago and Newbridge to housing protests, anti-apartheid activism, women’s liberation, prison, and one of the most important constitutional cases of the 1970s.Yes, Máirín De Búrca is in front of the courts again.This time she faces The Fifth Court where she tells the story behind the famous De Búrca and Anderson case, the challenge that exposed the absurdity of all-male, property-owning juries and helped change Irish law for good.This is a warm, funny, vivid and deeply important conversation about activism, law, protest, courage and a very different Ireland.Also in this episode, in the Decisis case round-up, Mark and Peter discuss three striking recent decisions: Kelly v An Bord Pleanála, where approval for a bus stop outside a home was quashed over privacy and safety concerns; Q v O, an interim access case involving a non-parent in a same-sex family despite the absence of a professional report on the child’s wishes; and In Re Tusker Property Holdings, where reckless and fraudulent trading led to personal liability, disqualification and costs orders.The Decisis section is proudly sponsored by Charlton Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.

The Barrister Who Quit Law To Handicap RacehorsesWhat kind of person leaves the Law Library… and ends up becoming one of the most quietly powerful men in Irish racing?Garry O’Gorman, that’s who.ON Episode 142 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL meet the former barrister who swapped devilling and district courts for parade rings, pedigrees, handicap marks and the dark arts of Irish flat racing.This is law with a glorious smell of turf, horse sweat and mild institutional mischief.Garry explains:how he went from Trinity, King’s Inns and the Law Library into racingwhat a handicapper actually doeshow trainers try to outfox the systemwhy only one horse can win, but 11 people can still blame the handicapperhow Ireland became a global bloodstock superpowerwhy racehorses, judges, barristers and forum shopping all belong in the same conversationThere is also talk of Phoenix Park Racecourse, Cheltenham, black type, appeals, legal gossip, and the delicious reality that in racing, some people are scandalised by a coup while secretly admiring it.This is not one of your solemn legal episodes.This is The Fifth Court going full gallop.DecisisThe Decisis case notes on this week’s episode are supported by Charlton Solicitors and Collaborative Practitioners, George’s Street, Dún Laoghaire.

Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr. Justice David Nolan of the High Court.A former Chair of the Bar Council and long-standing advocate, Mr. Justice Nolan reflects on:• The evolution of advocacy in Irish courts• The importance of structured submissions• The independence of the Bar• International advocacy training and the Keble College model• The transition from advocate to judgeThis episode’s case review is supported by Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.Cases discussed:DPP v Canavan — Common design and murder conviction appeal GG v HI — Maintenance arrears and post-divorce property orders Probate challenge (Court of Appeal) — Standing in will disputes

Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in Irish litigation: expert witnesses are now under real judicial scrutiny.Eavanna FitzGerald joins the show to explain why the traditional word-of-mouth system for sourcing experts is failing practitioners, and how courts are increasingly testing expert independence, competence and compliance with duties.The episode also covers three Decisis.ie cases:• Gorman v Lynch – proprietary / promissory estoppel claim against an estate dismissed as time-barred • Minister for Justice v Balgova – European Arrest Warrant and strict approach to equivalence • Pepper Finance DAC v O’Reilly – possession proceedings remitted due to insufficient proof of debt transferSponsored by Charlton Solicitors and Collaborative Practitioners. Follow, subscribe and share.

Episode 138 – Mary McAleese on the Rule of Law, Courage & DemocracyFormer President of Ireland Mary McAleese joins our hosts of The Fifth Court, Mark Tottenham BL and Peter Leonard BL, for a wide-ranging and deeply thoughtful conversation on the rule of law, human rights, judicial independence and democratic backsliding — drawing on her personal experience as a lawyer, academic and Head of State.Recorded at a special Ireland Rule of Law International event in the Law Society, this episode reflects on:growing up during the Troublesthe courage of lawyers and judges who upheld the rule of law at personal riskthe Good Friday Agreement and constitutional changethreats to democracy and judicial independence todayA compelling, humane and at times deeply moving discussion.The episode also includes new cases from the Decisis.ie casebook and these cases are brought to you with thanks to our sponsor, Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.If you value thoughtful legal discussion, please subscribe, share this episode, and recommend it to a colleague.

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.