E109 The Fifth Court

A most amusing encounter.

Hosts Peter Leonard and Mark Tottenham talk to retired judge Bernard Barton, a fabulous raconteur, about his life and times, including his career as a used car salesman!

Bernard Barton is a retired Irish judge who served on the High Court from 2014 until his retirement in March 2021. During his tenure, he was known for his opposition to certain judicial reforms, notably the controversial guidelines proposed by the Judicial Council's Personal Injuries Guidelines Committee. These guidelines aimed to standardise awards in personal injury cases, a move Barton and several of his colleagues resisted.

He remains actively engaged in legal discourse, particularly concerning defamation law. He has been a vocal critic of government proposals to abolish juries in High Court defamation cases, arguing that such a move would undermine the role of juries in the judicial process. Beyond this he has expressed concerns about the composition of the High Court bench, suggesting it does not adequately represent a fair cross-section of society. He has also advocated for the utilisation of retired judges to alleviate pressures within the court system, proposing that experienced former judges could be called upon to assist as needed.

He recommends a number of movies, including Laurence of Arabia, Gandhi and A Man for All Seasons.

His choice of book is 'A sparrow's flight : the memoirs of Lord Hailsham of St. Marylebone'

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