Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141

On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr. Justice David Nolan of the High Court.

A former Chair of the Bar Council and long-standing advocate, Mr. Justice Nolan reflects on:

• The evolution of advocacy in Irish courts

• The importance of structured submissions

• The independence of the Bar

• International advocacy training and the Keble College model

• The transition from advocate to judge

This episode’s case review is supported by Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.

Cases discussed:

• DPP v Canavan — Common design and murder conviction appeal
• GG v HI — Maintenance arrears and post-divorce property orders
• Probate challenge (Court of Appeal) — Standing in will disputes

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Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140

On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in Irish litigation: expert witnesses are now under real judicial scrutiny.

Eavanna FitzGerald joins the show to explain why the traditional word-of-mouth system for sourcing experts is failing practitioners, and how courts are increasingly testing expert independence, competence and compliance with duties.

The episode also covers three Decisis.ie cases:

• Gorman v Lynch – proprietary / promissory estoppel claim against an estate dismissed as time-barred

• Minister for Justice v Balgova – European Arrest Warrant and strict approach to equivalence

• Pepper Finance DAC v O’Reilly – possession proceedings remitted due to insufficient proof of debt transfer

Sponsored by Charlton Solicitors and Collaborative Practitioners.

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Episode 139 | Tom Flynn SC on planning judicial reviews, costs caps and access to justice

In Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading planning and environmental law practitioner.

The discussion examines the State’s proposal to cap recoverable legal costs in planning judicial reviews, the policy rationale behind the measures, and the potential consequences for access to justice, equality of arms and Ireland’s obligations under the Aarhus Convention.

Key themes

• Judicial review and the reality behind infrastructure delay claims
• Proposed scale fees and their practical impact on applicants
• Environmental litigation, expert evidence and cost recovery
• Fairness, constitutional rights and public law accountability
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Decisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors):

• Doyle v Buckley – payment out of client funds following prolonged costs disputes
• Criminal Assets Bureau v Humphreys – freezing orders where funds are partly tainted
• Criminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applications

Also

Nominations are now open for the Irish Law Awards, closing 20 March 2026.

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Episode 138 – Mary McAleese on the Rule of Law, Courage & Democracy

Former President of Ireland Mary McAleese joins our hosts of The Fifth Court, Mark Tottenham BL and Peter Leonard BL, for a wide-ranging and deeply thoughtful conversation on the rule of law, human rights, judicial independence and democratic backsliding — drawing on her personal experience as a lawyer, academic and Head of State.

Recorded at a special Ireland Rule of Law International event in the Law Society, this episode reflects on:

• growing up during the Troubles
• the courage of lawyers and judges who upheld the rule of law at personal risk
• the Good Friday Agreement and constitutional change
• threats to democracy and judicial independence today
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A compelling, humane and at times deeply moving discussion.

The episode also includes new cases from the Decisis.ie casebook and these cases are brought to you with thanks to our sponsor, Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.

If you value thoughtful legal discussion, please subscribe, share this episode, and recommend it to a colleague.

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Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law

In Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the most prominent human rights lawyers working on the island of Ireland today, Darragh Mackin, partner at Phoenix Law.

This live podcast at the Allingham Festival 2025 was sponsored by www.brianjmcmullin.com

Still in his thirties, Darragh Mackin has been at the centre of some of the most significant human rights and public law cases of recent decades, north and south of the Border. In this wide-ranging and deeply moving conversation, he discusses the lived reality of human rights litigation, the emotional weight of representing families over decades, and the importance of the rule of law when politics fails.

Topics include:

• The enduring significance of the Human Rights Act and the Good Friday Agreement
• Legacy inquests, including Ballymurphy and the Stardust
• The “hooded men” case and the meaning of torture under international law
• Acting in controversial cases and for unpopular clients
• The Northern Ireland Legacy Act and why it has united opposition across communities
• The role of lawyers when democratic institutions collapse or stall

The episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining:

• Company winding-up due to irretrievable breakdown between founders
• Sentencing in historic sexual offence cases
• Supreme Court rulings on compelled password disclosure and constitutional rights

The Decisis section is proudly supported by Charltons Solicitors, specialists in family law and mediation.

Recorded live at the Allingham Festival, Ballyshannon, this episode is a powerful exploration of law, justice and humanity.

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The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook

Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:

• Síofra O’Leary, former President of the European Court of Human Rights

• Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights

This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.

Decisis Casebook segment:

Three further Irish decisions are discussed:

1. DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction
2. E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes
3. Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred

Presented by Peter Leonard BL and Mark Tottenham BL.

Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners.

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The Fifth Court – Part 1: Ireland and the European Court of Human Rights

Part 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.

Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems.

Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook

Three recent Irish decisions are discussed, including

1. Enforcement of a Danish arbitral award, with late-stage objections refused
2. Judicial review refused of a decision not to transfer a prisoner to an open prison
3. Security for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale

The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support.

Part 2 follows next week.

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 Courts, Climate & Common Sense – Austria’s Supreme Court President Georg Kodek on Why the Law Can’t Save the Planet

In this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit down with Georg Kodek, President of the Austrian Supreme Court, during the European Law Institute Conference in Vienna.

He explains why courts can’t be expected to fix climate change – and why real solutions must come from politics and public conviction, not litigation.

From a Peruvian farmer’s lawsuit against German power plants to how TikTok might be used by the Austrian Supreme Court, Kodek discusses the limits of law in global challenges – and why judges must learn to speak to the public again.

But first, three fascinating Decisis.ie cases:

• DPP v Clark – Repeat firearm offender sees sentence increased from 6 to 7½ years.
• DPP v BK – Conviction of a mother set aside after court finds statements in a safeguarding assessment unreliable.
• Harford v Commissioner of An Garda Síochána – Judicial review dismissed where a criminal trial was deemed an adequate remedy.

Sponsored by Charltons Solicitors & Collaborative Practitioners, specialising in Family Law, Civil Litigation, Property, Wills and Probate.

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The Fifth Court — Episode 133

Presented by barristers Mark Tottenham and Peter Leonard.

This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is gaining ground, what makes it work, and how practice culture is changing for clients and lawyers alike.

Then Mark and Peter review three recent Decisis cases (case-note segment sponsored by Charltons Solicitors & Collaborative Practitioners):

• A Court of Appeal judgment on alleged ineffective legal representation.
• A High Court ruling that quashed a same-day trial conviction on fair-trial grounds.
• A further decision testing procedural fairness and preparation time in summary proceedings.

Clear takeaways — and the practical implications for practitioners and clients.

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LCJ Keegan on the modern courtroom — AI, experts and leadership

On Episode 132, The Fifth Court hosts Peter Leonard and Mark Tottenham have rare access to Dame Siobhán Keegan, the Lady Chief Justice of Northern Ireland, to discuss evaluating expert evidence in an age of AI and complex fact-finding, leadership on the bench, and the realities of administering justice in Belfast’s Royal Courts. The episode is recorded with her in the Royal Courts of Justice, LCJ Keegan flags her Macfadyen Lecture on evaluating the expert witness in the modern legal landscape—a timely frame for how courts should approach AI-assisted and technical testimony (provenance, transparency, methodology, limits).

Her cultural choice 'Is a River Alive?' by Robert Macfarlane, published by Hamish Hamilton

Plus, our case-law segment, drawn from the Decisis.ie casebook, covers a failed attempt to register a New York multi-billion judgment against Argentina in Ireland without locating Irish-sited assets, and the Court of Appeal’s approach to frivolous and vexatious challenges to demolition orders.

Sponsored by Charltons Solicitors and Collaborative Practitioners of Dublin

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