E26 The Fifth Court

Dr. Brian Flanagan, Assoc. Professor of Law at NUI Maynooth, on the purported influence of Wikipedia articles on decision making by Irish High Court judges.

The Fifth Court is open to any judge who would like to have their views heard on this issue.

Brian's cultural recommendation for lawyers - the movie, A Few Good Men

We also have our three Decisis.ie cases that includes;

Another case of medical experts giving evidence in a personal injury case and a view from the court on why that expertise should stand.

Also, an assault case where psychosis may have been a mitigating factor.

Finally, a wrongful dismissal claim where an employment injunction was sought.

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On E25 of The Fifth Court presenters Peter Leonard BL and Mark Tottenham BL are joined by solicitor Fred Logue, founder of a Dublin based law firm, FP Logue. They specialise in environment, technology, data protection and information law. Fred is well-known for taking on high-profile cases such as one based on the 'Trichet letter' and the 'NAMA access to information' case.

Access to environmental (and other) information is vitally important to him and many of his clients.

The presenters also deal with cases from the Decisis.ie casebook.

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E24 The Fifth Court

Presenters Mark Tottenham BL and Peter Leonard BL start by discussing three cases from the Decisis.ie vault, one involving Enoch Burke, another is an asylum case and finally a personal injuries case involving a knife attack on a bus driver.

This episode's interview is with Cork based solicitor and SC, Bill Holohan, a larger than life figure in legal circles. He joins The Fifth Court to discuss issues around mediation, but Bill being Bill means the conversation flows widely.

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E23 The Fifth Court top team starts, as usual, with 3 cases from the Decisis.ie casebook.

7.00"

Cian O'Carroll, Cashel based solicitor, known for his work on cervical screening cases, particularly the Vicky Phelan case that moved a nation.

He discusses his views on medical negligence cases.

He is candidly open about the tragic 1990 death of his father, a shocking occurrence that that led him away from a science degree to the law. This changed his life in a fundamental way. He worked for a period in a Cashel, Tipperary practice with solicitor John Lynch. He established his own practice in 2010, largely focussed on medical negligence.

Vicky Phelan came to him, as a client, on January 2018 and he knew immediately he needed to push the case very quickly. 'She was just a wonderful person' he says. She was 'purposeful' according to Cian who added, that she was the most altruistic person he ever met.

He describes the introduction of a non-disclosure agreement by the other side in the Phelan case.

He discusses other similar cases involving screening programmes including BreastCheck, bowel screening and glaucoma screening.

He has some very strong words about the HSE's approach to aspects of the screening programme and its use of the court system.

He's very complimentary about Judge Kevin Cross who was helpful in moving the case along, conscious of that time was, unfortunately, limited for Ms. Phelan.

32.00"

He talks about a current eleven month backlog in court cases in his area of practice and he gives his views on the medical profession who feel they are 'put upon' because of the standards they say they are expected to meet.

34.00" He talks about solicitors referring clients to doctors (or not) and he refers to a previous Fifth Court discussion with Dr. Declan Keane, about 'expert shopping'.

He speaks up about legal costs, solicitors fees and the way in which his practice deals with these costs.

His 'cultural recommendation' for lawyers? The movie, 'My Cousin Vinny'. Great choice.

Book, 'Brideshead Revisited', for the magistrate's court scene in the book.

Please share this podcast with your colleagues.

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"British justice is a confidence trick"

World renowned barrister Geoffrey Robertson, KC, author of several books including his most recent, Lawfare, 'How Russians, the Rich and the Government try to prevent free speech' - how the defamation laws are being used by the super-rich to cover up wrong doing.

He says 'Britain doesn't have free speech, it has expensive speech'.

He recommends allowing juries for libel cases, but not to determine damages awards when they might apply. He suggests libel cases should be televised and says the TV companies could pay for the rights to cover the upcoming Meghan Markle V Daily Mail case.

He's currently working on a new edition of his book on 'crimes against humanity', including Putin's attack on Ukraine.

Geoffrey recommends his own book, 'The Tyrannicide Brief' to all budding legal eagles.

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E21 The Fifth Court features Martin Canny BL, talking about the new edition (3rd) of his essential handbook on the Statutes of Limitations just published. A CPD course in less than 40 minutes!

And our dynamic duo discuss three cases from the Decisis.ie casebook.

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The Fifth Court barrister team of Peter Leonard and Mark Tottenham are joined by medical consultant. Declan Keane, obstetrician, gynaecologist and former Master of the National Maternity Hospital talking about expert witness use in negligence and other medical cases.

Our dynamic duo also discuss three more cases from the Decisis.ie casebook

• One case involving citizenship rights
• Another, an appeal case, involving the Turf Club
• A third case, a harrowing child protection case.

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Attending at The Fifth Court E18 are barrister Ciara Dowd BL and Aileen Curry, Partner at Curry & Hickey Solicitors who discuss the new Assisted Decision Making Act that will replace existing statutes concerning Wards of Court and Enduring Power of Attorney.

And as always we start with three cases from the Decisis.ie casebook

• A family law case involving Ireland and Pakistan and allegations of child abduction
• A Landlord / Tenant where the tenants were deemed to be persons unknown
• Three Ireland (Hutchinson) V ComReg - re access to the mobile phone network

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The Fifth Court

Presenters Peter Leonard BL and Mark Tottenham BL (and editor of Decisis.ie) discuss three cases from the Decisis.ie casebook including an application involving 'winterization' of boglands where a windfarm was situated. Was the development authorised or not? The judge decides.

Secondly, Conor McGregor defamation case where McGregor used 'abusive and vulgar' language. But, did this include the word 'rat'?

Finally, the Enoch Burke case, and a December 2022 judicial decision that is very important.

The Big Interview on E17 is with Latin scholar (which becomes relevant) Stephen Hanaphy BL talks to our dynamic duo about copyright law including the high-profile Ed Sheeran case. Batman and Mickey Mouse get a look-in.

His culture 'must haves';

'Measure for Measure'- Shakespeare

Advocates (a book by Lord Pannick)

'Shoedog' memoir by Phil Knight, founder of Nike

'Intolerable Cruelty' movie with George Clooney and Catherine Zeta Jones

With thanks to Practice Evolve software for their support of this podcast.

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