E 36 The Fifth Court

Presenters Mark Tottenham BL and Peter Leonard BL discuss the latest in copyright law with Glen Gibbons SC who has just published the third edition of his textbook on the subject of copyright.

If you don't know what an Anton Piller order is...stay listening.

You'll also learn why the word 'probably' may be deemed to be copyright protected.

He also touches on Pat McDonagh V McDonalds and another case involving Lidl and high end butcher Philip Warren and more...

As always the podcast opens with three cases from the Decisis.ie casebook.

• A case involving a solicitor who wanted to come off the record as his client couldn't pay his fee (it is, of course, slightly more complex)
• A conclusion (of sorts) of the Enoch Burke case involving his former school, Wilson's Hospital
• A company law case involving a Christmas tree fraud.

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E35 The Fifth Court

Michael O'Higgins SC, probably the best known barrister in the country asks 'But is it justice..?'

Presented by Peter Leonard BL and Mark Tottenham BL

An incredible story covering Michael's time as a journalist with Hot Press and Magill magazines. Being told by Magill publisher Vincent Browne that he 'didn't want any writing' and 'Read the Daily Telegraph'.

His interview with an up and coming Bertie Ahern. Asking Sinn Fein's Martin McGuinness did he use Durex ('not while in Portlaois Prison). Martin Cahill aka The General, spending days in Michael's Harold Cross bedsit. Working night shifts in RTE to make an alternative to a legal career as unattractive as possible. And much, much more. Brilliant.

His movie choice 'Justice for All' (Al Pacino)

His book choice, Dominic Carman's book on his dad, George Carman QC. (Dominic was a guest on E27, The Fifth Court)

Plus three cases from the Decisis.ie casebook including;

• A personal injuries case against a hotel, where the ruling was that the architects to the hotel were joined to the case too late.
• A European arrest warrant case where a Polish national pleaded he wasn't informed about the case as he couldn't access the address he supplied for correspondence
• A Landlord and Tenant case involving the Residential Tenancies Board and the refusal by the landlord to accept a HAP payment

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E34 The Fifth Court

Presenters Peter Leonard BL and Mark Tottenham BL delve into the infamous Eileen Flynn case.

Though only dating back to the 1980s, the expert on this case, Dr. Donal Coffey, Ass Prof of Law at NUI Maynooth, explains the facts and the fall out of a teacher who was fired for living with a married man. It sounds like another Ireland but this all happened just forty years ago. Fascinating.

Also, three new Decisis.ie cases are discussed:

• A case involving An Bord Pleanála and expert witnesses on two sides that raised the issues of 'hot tubbing' and 'trial by ambush'. You'll have to listen to learn!
• A case about a prisoner's claim about his constitutional rights regarding 'slopping out' and his 'right to bodily integrity'.
• A case of legal costs where the judge decided on the costs himself, rather than have them sent on for cost assessment.

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EPISODE 33 The Fifth Court -

Rocker Noel Gallagher is quoted as saying that ‘I think things were better pre-internet, I think that’s a fact’. He may be correct. Because, on this episode we discuss some upcoming landmark cases involving GDPR

On E33 it’s co-presenter Peter Leonard BL who dragged the Noel Gallagher quote from the recesses of his mind, he and Mark Tottenham BL, the Law Society award winning podcasters, interview Mark Finan BL and Caroline McGrath BL about a number of decisions around GDPR from the CJEU. These include allowing claims for ‘upset’ in some cases. These cases may be complex but they’re beautifully laid out by our guests and importantly, they lay the foundations stones from more GDPR legislation in future. It is therefore essential listening.

We also have 3 more cases from the Decisis.ie casebook including cases about;

• A case where the complainant wasn’t happy with a compensation amount given in the case of a Compulsory Purchase Order
• A rent arrears case where Justice Donald Binchy ruled that ‘a promise is not a contract’.
• And an Isaac Wunder case where the judge was asked if the complaint was ‘frivolous or reckless’

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EPISODE 32 The Fifth Court -

What?? You’ve never heard of Chief Baron Palles?? Many across the world still live by some of this incredible Irish judge’s rulings

On E32, presenters Peter Leonard BL and Mark Tottenham BL talk to Professor Oonagh Breen and Dr. Noel McGrath BL, of the Sutherland School of Law at UCD, about the truly incredible Lord Chief Baron of the Exchequer, Christopher Palles, who retired in 1916 after 40 years on the bench in Ireland.

In his time he was so famous that he’s included in James Joyce’s Ulysses and, according to our expert witnesses, his rulings across a myriad of cases still reverberate in countries around the world. An incredible story.

We also have 3 more cases from the Decisis.ie casebook including cases about;

• Claims that a solicitor and barrister encouraged a client to take a fees ‘to make fees’
• A case involving red or ‘marked’ diesel and an attempt to find out what Revenue officials may have spoken to about the issue
• A planning case involving a 19th century building and a Bord Pleanála permission.

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E31 - The Fifth Court

Presented by Peter Leonard, BL and Mark Tottenham BL

21'.30"

"In recent weeks the DPP cannot get Senior Counsel to act in criminal cases, I'm assuming because their fees, relative to other work, are so low." - Luigi Rea, BL

Luigi Rea BL (joined the profession in 1977 and Darren Lalor BL (2015) join our hosts Peter Leonard and Mark Tottenham to talk about the 'burning issue' in the Law Library - the campaign to reverse the cuts in legal criminal aid fees. These were cut during the time of the Troika, but the fees that were cut were State fees, so legal aid fees (not other fees), and these cuts have never been reversed.

Luigi talks about preferring criminal law over other areas such as property related cases where he didn't like when cases were being 'dragged out' 'so that fees would be generated'. 'Criminal (legal) work was easier to live with'.

Luigi says that in criminal cases nowadays that you 'can't touch client's money (for fees) because such monies might be the proceeds of crime' and therefore could be a criminal offence to accept such a payment. 'Drugs dealers have money, but you can't touch it' - so it's legal aid or nothing.

Peter Leonard asks Luigi 'how can you defend the bad guys' but Luigi interrupts and asks his own similar question that he's often asked, 'How do you defend people who are guilty' and he counters that by pointing out that 'on the other side' that there may be barristers prosecuting people who they know are innocent'.

Darren Lalor left school at 14 and decided to go back to school and college. A chance encounter with Luigi in the taxi that Darren was driving [he happened to be reading a law book so a conversation ensued] that has forged a lifelong and life changing friendship, and Darren joined the profession in 2015 specialising in criminal cases. Jokingly, he refers to media mentions of the Four Courts as being the Four Goldmines, while the Criminal Courts of Justice as being the Four Coalmines.

15.00" Luigi and Darren get into the meat of the campaign for the restitution of their fees back to the 2002 levels as he could work all day on a case and be paid €25. Luigi refers to one of his formal 'devils' who has fees outstanding from a solicitor of €7,000 - a 'loss' that she can't bear. They discuss the likelihood of a strike - which they say should happen 'sooner rather than later'.

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E30 The Fifth Court

Retired Supreme Court judge, John MacMenamin joins our hosts Peter Leonard BL and Mark Tottenham BL to talk about what he says is 'the best job in the world', his time in UCD, his colleagues in law including Rory O'Hanlon and James O'Reilly. He reveals he has been doing some research in the British Library, that may or may not lead to a history book. He comments on the use of AI in court. He explains why he travelled to Poland to make his views on the legal system there known and he comments on the separation of powers and political bias in Ireland.

When asked for a cultural recommendation for those in the legal profession he suggests that all lawyers should channel their inner Gregory Peck.

Three cases from the Decisis.ie casebook include;

• A case where a child was not entitled to Irish citizenship
• A commercial action involving an Isaac Wunder order and a claim of an abuse of the court system
• A criminal case where a pathologist was not available for cross examination

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Barrister Daithí Mac Cárthaigh, who teaches the Irish language course at the Kings Inns. He explains how the current system of translation of Oireachtas bills and subsequent Acts operates and he talks about opportunities for law graduates who are fluent in Gaeilge (24th official language of the EU) in Ireland, Luxembourg and Brussels. He says that the Irish language is a useful 'in' to the official institutions of the EU for those fluent in the language.

He discusses the difficulties of presenting a case in Irish because of the lack of Irish speaking judges. And which judges are bilingual? 'The posh ones and the clever ones' according to Daithí.

Movies including 'Millers Crossing' and 'The Grand Budapest Hotel' are his cultural recommendations for colleagues.

The podcast also includes three key cases from the Decisis.ie casebook including;

• Debt settlement arrangement that was challenged by a number of those who were owed money. Mr. Justice Sanfey overturned an earlier judgement.
• A (very convoluted) case involving Russian companies but that was adjudged could be heard in Ireland - it could be a truly huge case
• A case where a party issued proceedings and registered a lis pendens (a notice that litigation is pending) against a property. This can make a property unsaleable.

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The claim is that 'The presence of Wikipedia can be spotted to a measurable degree in Irish High Court judgements', according to an academic study by Dr. Brian Flanagan (NUI Maynooth) et al. Brian put his case on Episode 26 of The Fifth Court.

On E28 Mr. Justice Richard Humphreys of the High Court strongly rebuts Brian's assertion, in an interview with Mark Tottenham. Not too often you'll hear a High Court judge declare that 'He's scarlet for your ma!'

Cases from the Decisis.ie casebook discussed on this episode include;

A case involving a rateable valuation claim on toll booths

A planning judicial review involving the Protect East Meath lobby group

A defamation case that involved a plea regarding the statute of limitations

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Son of George Carman QC (RIP 2001), Dominic Carman, talks to Peter Leonard and Mark Tottenham about his father, at one time one of the biggest names in the British legal system (he defended British Liberal leader, Jeremy Thorpe).

He starts by giving his perspective on the growth of international legal firms in Ireland. He predicts larger Irish firms will merge or be taken over...he has a report due soon on www.reportslegal.com

Decisis.ie cases include a case involving;

• Availability of civil legal aid for charities (that is limited to 'natural persons')
• A decision in an autism case, reviewed by Ms. Justice Phelan
• A work related personal injury case, involving contributory negligence

His cultural recommendation for lawyers, the movie 'Witness for the Prosecution'

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