E122 The Fifth Court

Frank McNally, author of Irish Times 'An Irishman's Diary', on Bloomsday, June 16th 1904 - The many legal themes running through one of the great English language books.

His cultural recommendation, 'The Third Policeman', by Flann O'Brien

His movie choice is 'All the President's Men'

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Cases include

• A Personal Injuries case involving the Hotel Kilkenny and a claim about a wet floor
• A case where a businessman breached several equitable reliefs
• A judgement debt that had not been extinguished by a previous settlement agreement

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Episode 121 of The Fifth Court is the first of a mini-series of the podcast recorded at the Kilkenny Law Festival 2025, held from May 16–18 in Kilkenny City. It offered a dynamic weekend of discussions on contemporary and historical legal topics aimed at making legal discourse accessible and engaging, blending serious analysis with entertainment - a bit like our own podcast!

The event featured a diverse lineup of speakers, including judges, journalists, academics, and legal practitioners. Topics ranged from the impact of AI and blockchain on the legal profession to discussions on censorship, defamation, and constitutional reform.

• On this episode co-host Peter Leonard chats to Ms Justice Marguerite Bolger, appointed as a Judge of the High Court in January 2022. She is very well known for work in employment and equality law. She co-authored seminal legal texts such as Criminal Law (with Peter Charleton and Paul Anthony McDermott), Sex Discrimination and the Law, and Employment Equality Law and served as Chairperson of the Employment Bar Association of Ireland as well as being a member of the executive board of the Irish Council for Civil Liberties.
• Notable Judgments:
• In a 2024 case, emphasized the importance of firsthand recollections in traumatic events, stating that assumptions about memory fading shouldn't apply to unusual incidents like witnessing a death outside a nightclub.
• In 2025, ruled that a plaintiff's claim regarding defective breast implants was sufficiently pleaded, allowing the case to proceed.

Her cultural recommendation, 38 Londres Street: On Impunity, Pinochet in England and a Nazi in Patagonia (2025) by Phillipe Sands. He examines the cases of Augusto Pinochet and Nazi officer Walther Rauff, highlighting issues of impunity and international justice.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Cases include

• A case involving a failure to comply with a court order
• A wind turbine operation restriction to minimise noise, particularly at night
• A High Court decision involving a Norwich Pharmacal Order, a type of court order compelling a third party—usually an innocent but involved party, like an internet service provider, bank, or social media platform—to disclose information that can help identify a wrongdoer.

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Dr. Ciara Smyth, a distinguished lecturer at the School of Law at University of Galway She is the Programme Director for the LLM in International Migration and Refugee Law and Policy at the Irish Centre for Human Rights. Her expertise lies in the areas of asylum law, refugee protection, and human rights.

She talks about her very early experiences in post Pol Pot Cambodia

She later worked with the UNHCR in Dublin

This episode is essential listening for anyone and everyone who would like to know how both the refugee and international protection systems work.

Ciara's legal/cultural recommendation is a movie called 'The Swimmers'

The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Case include

• Northern Ireland administration and whether it was recognised in Ireland - very interesting in terms of law across the two jurisdictions
• A case involving the demolition of historic properties and an assessment that was not carried out.
• The sale of farmland and an injunction that was sought, claiming the land was being sold under its correct value.

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E119 The Fifth Court

Recorded at the University of Galway recording studios.

Hosts Peter Leonard BL and Mark Tottenham BL talk to Diarmuid J. Connolly BL (kind of 'Father of the Mayo Bar' but he's keen to correct that misnomer) a practising barrister based in County Mayo.

Former UCG student Peter along with Diarmuid, start with a bit of reminiscing - including a story about men in UCG monitoring the purchase of condoms. However, Mark guides them back to the law.

He has been a member of the Bar of Ireland since 1995. In recent years, he has been actively involved in advocating for the restoration of criminal legal aid fees to their 2011 levels. He participated in protests and strikes in Castlebar, highlighting the challenges faced by criminal barristers due to fee reductions under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. Connolly emphasized that the issue is not solely about rates but about ensuring equality and sustainability within the legal profession.

Diarmuid's cultural recommendations are Anthony Bourdain, Kitchen Confidential: Adventures in the Culinary Underbelly (he's a keen cook) and for a movie he tips the hat to 'Withnail and I'.

The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

• A potentially forged signature
• Case regarding airport landing slots in Dublin Airport
• Revenue case regarding a quarry and a tax liability

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E118 The Fifth Court featuring retired judge Mary Fahy

Judge Mary Fahy retired from the Irish District Court on January 31, 2025, concluding a distinguished 31-year judicial career. Appointed to the bench in the early 1990s, she served in various jurisdictions, including Dublin and Galway, and was known for her commitment to accessible justice and her forthright approach to the law.Law

• The ‘C’ Case: In the late 1990s, Judge Fahy presided over the high-profile 'C' case, involving a 13-year-old girl who became pregnant after rape and sought to travel abroad for an abortion. Judge Fahy ruled in favor of the girl's right to travel, a decision later upheld by the High Court. This case attracted significant attention and was the only instance where she recalled receiving hate mail during her career.
• Aran Islands Court Sittings: Demonstrating her dedication to community-based justice, Judge Fahy traveled by ferry to Inis Mór three times a year to hold court sessions in both English and Irish, addressing cases from all three Aran Islands. She believed these sittings were vital for ensuring that island residents felt connected to the justice system.
• Golfgate Trial: In 2022, she presided over the 'Golfgate' trial, swiftly dismissing charges against former senator Donie Cassidy and others after a brief deliberation, stating that the prosecution had failed to establish a prima facie case.

As always guests are asked for their (sometimes) legally based recommendations for books or movies. Judge Fahy proposed the movie Fargo and a book , The Coast Road, by Alan Murrin

The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners

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E117 The Fifth Court throws the spotlight on one of the country's most colourful solicitors, Paul Keane, former Managing Partner at Reddy Charlton (where he started at 17 years of age), now a consultant to that firm, as well as having been the Chair of the North Fingal Beekeepers Association!

• He was originally inspired by Lord Wedderburn and his legal insights. - "Company law has given me some of my best moments in my career"
• By simply saying 'Yes' led to some big opportunities in European law
• He's concerned about legal deserts - areas of the country where there is an absence of legal firms, which causes difficulties in accessing justice
• He is a member of the Order of the Polar Star - he explains how he received this honour
• He had a beehive outside his office in central Dublin - and wait'll you hear him on bees and the Brehon Laws. Sweet.
• His cultural recommendation, 'More Than Honey' (a Netflix movie) - and for a book he recommends the writings of Patrick Leigh Fermor

Also, our hosts discuss some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors and Collaborative Practitioners of Dun Laoghaire, Dublin.

Don't forget the upcoming of the Kilkenny Law Festival 16th - 18th May where will be recording the podcast.

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E116 The Fifth Court - featuring the life and times of the "former" Master of the High Court, Edmond Honahan

Is he, was he still Master? He explains how it's down to an EU interpretation.

His cultural reference is the book 'Wolf Hall' (Hilary Mantel) because of a scene involving the malign influence of 'international bankers'.

Hosts Mark Tottenham BL and Peter Leonard BL start with a brief mention of the upcoming of the Kilkenny Law Festival 16th - 18th May

A brief discussion around some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors of Dun Laoghaire, Dublin.

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Episode 115 – The Fifth Court

He’s held one of the highest offices in the land, but what’s life really like after the robes are folded away?

In this episode, Frank Clarke SC, former Chief Justice, returns to the studio for the second half of his conversation with Mark Tottenham BL and Peter Leonard BL. The discussion moves effortlessly from courtroom anecdotes to reflections on the evolving nature of legal practice—and yes, there’s plenty of dry wit and the kind of behind-the-scenes insight you won’t find in the law books.

Whether you're in chambers or just legally curious, this one’s well worth a listen.

#TheFifthCourt #LawAndLife #FrankClarkeSC #IrishBar #CourtsOfIreland #JusticeReflections #BehindTheBench #LegalLegends #PodcastForLawyers #MarkTottenham #PeterLeonard #IrishLegalVoices

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