The Fifth Court - DSBA Legal Podcast of the Year

E90 The Fifth Court - The Vacation Sittings

Continuing 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.

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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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E88 The Fifth Court - The Vacation Sittings

This 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).

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E87 The Fifth Court

This 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.

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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 casebook

• An 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 2021
• A case involving the 'involuntary admission' under the Mental Health Acts

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E85 The Fifth Court

A 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 Association

Chartered Institute of Arbitrators

E.E.L.A. - European Employment Lawyer's Association

FILA - Franco Irish Lawyers Association

I.C.C. Arbitration Committee

I.C.S.I.D. International Centre - Arbitration

International Chamber of Commerce

Irish Society for Labour Law

Irish Sports Council - Anti-Doping Committee

London Court of International Arbitration

Panel member, Law Society Arbitration Panel

U.A.E. - Union Des Avocats Europeens

And our hosts discuss three more case from the Decisis.ie casebook

• A proceeds of crime case involving an alleged fraudulent transaction
• A case where a job offer was revoked following a Garda vetting procedure
• A case concerning a European arrest warrant, a Croatian and alleged war crimes

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E84 The Fifth Court

Hosts 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 website

• An 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 granddaughter
• A second wardship case, involving a 'vulnerable' man and a nursing home

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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 file

• A 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.

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E82 The Fifth Court

Peter 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/blog

BTW, 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 qualification
• A Personal Injuries case taken against the State judged to be an abuse of the appeal process
• An Isaac Wunder order, a person claiming he was 'immune from court orders'

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E81 The Fifth Court

Supported by Clio Legal Software

Hosts Mark Tottenham BL and Peter Leonard BL spoke to Arko Ganguli, co-founder of Letigify, an AI powered solution using audio-video authentication that allows clients to notarize documents online remotely from anywhere, without the hassle of visiting a notary public in person.

Arko is a trained lawyer and a legal consultant for over eleven years, working with various clients and organisations in different sectors and domains. He's also a certified mediator and a design thinking practitioner, with a passion for changing the way law works in the world, enabling legal teams and their clients to carry out their business more efficiently. He's eager to explore innovative ideas in legal tech, and to collaborate with other entrepreneurs, investors, and mentors in the field.

And as always, our two hosts discuss three new cases from the Decisis.ie website

• An asylum case taken by a Ghanian national who claimed he was gay. IPAT questioned his bona fides.
• A family law case where foster parents tried to adopt a fostered child who had complex medical needs, but the birth mother withheld consent.
• A defamation case involving Google, YouTube (owned by Google) that was taken too late to join them as defendants.

Arko recommends 'Judgement at Nuremberg' a 1961 American epic legal drama film directed by Stanley Kramer,

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