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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):
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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E131 The Fifth Court
Co-host of the Fifth Court, Peter Leonard, BL, met with Kirk Offel at the Dublin Tech Summit, promoter of the 5th Industrial Revolution.
'Data centres are the most important things to be manufactured in the world'. That's Kirk's view and that's just the beginning of this terrific chat about all things AI and Data Centres.
Kirk is not your typical tech CEO. From a military family, a former US Navy submariner, nuclear-trained engineer, cancer survivor, and now founder of Overwatch Mission Critical, he brings a mix of discipline, resilience, and purpose to the fast-changing world of digital infrastructure. His company designs and delivers the data centres that make the cloud, AI, and mission-critical systems possible — what he likes to call “the sky for the cloud.”
You'll also learn everything you ever wondered about life in a submarine under the ocean...though some of what he's done he can't talk about.
Before that, Peter and Mark Tottenham, BL, examine notable recent court decisions featured on Decisis.ie including:
Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.
Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.
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Episode 130 – The Fifth Court
Recorded at the Dublin Tech Summit, Peter Leonard BL speaks with Ukrainian Dr. Anna Mysyshyn, a leading expert in AI ethics, regulation, cybersecurity, and digital governance. Anna holds a PhD in Law and an LL.M. in Innovation and Technology, bringing both academic depth and practical insight to one of the most pressing issues facing courts, regulators, and governments worldwide: how to balance innovation with accountability in the age of AI.
Before that, they examine notable recent court decisions featured on Decisis.ie including:
Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.
Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.
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Episode 129 The Fifth Court
Elizabeth Winkler is an acclaimed literary critic and investigative journalist whose work spans some of the world’s most respected publications. She chats to Mark Tottenham BL on this episode of the Law Society of Ireland Award Winning Podcast.
A graduate of Princeton with a master’s in English literature from Stanford, Elizabeth has built a reputation for fearless, insightful storytelling that challenges received wisdom.
In her book Shakespeare Was a Woman and Other Heresies she dives into one of literature’s most incendiary debates—the authorship of Shakespeare—and explores how the controversy reflects wider questions about authority, identity, and who gets to shape history. It's a subject that has intrigued judges and lawyers for centuries. With wit and intellectual rigour, Winkler invites you to question long-held assumptions, making her a captivating guest for any conversation about literature, law, and the power of ideas.
Her cultural recommendation is 'The Third Reich of Dreams: The Nightmares of a Nation' written by Charlotte Beradt
Before that, they examine notable recent court decisions featured on Decisis.ie including:
Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.
Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.
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E128 The Fifth Court – Drawing the Line: The Story of the Irish Boundary Commission
Dr. Cormac Moore – an historian with Dublin City Council’s Historian-in-Residence programme and author of Birth of the Border: The Impact of Partition in Ireland. He is a recognised authority on the politics, personalities, and legal frameworks surrounding the Irish border.
It was meant to settle the border between North and South once and for all. Instead, it nearly collapsed the Irish Free State government. On this episode of The Fifth Court, barristers Peter Leonard and Mark Tottenham are joined by historian Dr. Cormac Moore, who explains the secretive, scandal-ridden tale of the Irish Boundary Commission of 1924–25—a political time bomb buried in the Anglo-Irish Treaty.
From leaked maps to aborted transfers of land, Dr. Moore lays out how the Commission’s quietly explosive findings were suppressed, how the Free State’s hopes were dashed, and why the whole affair continues to echo in Irish constitutional law and cross-border politics today.
Cormac's cultural reference...a movie 'The Treaty' on YouTube, and he also loves 'Amadeus', the movie.
Before that, they examine notable recent court decisions featured on Decisis.ie including:
Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.
Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.
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On Episode 127 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Matthew Holmes BL, author of Habeas Corpus: Practice and Procedure. (This is his sixth book!). They delve into the historical roots, practical applications, and enduring importance of habeas corpus in modern Irish law. Everything you need to know in 30 minutes (but you'll still want to buy the book!). He makes mention of a very special case involving the people of Laois. If you're from Laois, or know people from the county, you will have to listen to this, and have a good chuckle.
Matthew's culture recommendation is 'D-Day - The Battle for Normandy' by Antony Beevor. His movie choice is 28 Years Later.
Before that, they examine notable recent court decisions featured on Decisis.ie including:
offering expert insight into the evolving Irish legal landscape.
Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.
Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.
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Episode 126, The Fifth Court featuring – Catastrophe: Nakba II with author Fintan Drury (Legal & Human Rights Special)
Fintan Drury’s Catastrophe: Nakba II is a punch in the gut—not a balanced history lesson. On The Fifth Court, we dig into the polemical argument beneath the exhaustive research, and why it reads more like a rallying cry than a neutral narrative. As a lawyer, judge, or rights campaigner, you’ll find it both infuriating and illuminating.
Expect:
If you care about international law, ending impunity, or simply understanding how history becomes a platform for justice, this episode is for you.
Listen, discuss, and REPOST this episode to your network—because silence isn't an option.
The episode also includes recent important cases drawn from the Decisis casebook, discussed by hosts Mark Tottenham BL and Peter Leonard BL.
These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
This episodes cases include;
Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review!
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Episode 125 The Fifth Court
John Brennan ran America’s most secretive operations as CIA director. Now he’s sharing what he learned about balancing intelligence, justice, and democracy. From briefing presidents to confronting terror, Brennan gives The Fifth Court a rare insider’s view—and explains why Ireland’s Centre for Justice and Law Reform Summer School 2025 could shape vital global conversations. The Fifth Court co-presenter Peter Leonard seized his chance to get a rare interview with this world player. Fascinating.
The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.
These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
This episodes cases include;
Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review!
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Conversation from the Bench, Retired Judge Alice Doyle at the Inaugural Kilkenny Law Festival
Recorded live at the Kilkenny Law Festival, this special episode of The Fifth Court — recent Merit Award winner of the Law Society of Ireland's Awards — features a wide-ranging conversation with Retired Circuit Judge Alice Doyle. With over two decades on the bench, Judge Doyle shares rare insights into the pressures of presiding over criminal, family, and civil cases across Ireland.
She is very self-effacing about her school days and her lack of qualifications early on...however she made up for it later.
She discusses the human stories behind the courtroom, including her first time giving a long sentence for a crime, the evolution of legal practice, and life after retirement. A must-listen for legal professionals and court-watchers alike.
Her culture recommendation? A movie, 'My Cousin Vinnie'.
The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.
These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
This episodes cases include;
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The Murderer, the Memoirist & the Mystery That Lingers
On episode 123 of The Fifth Court, we’re joined by Mark O’Connell, Irish Times contributor and author of the acclaimed A Thread of Violence, his gripping account of the life — and crimes — of Malcolm MacArthur.
In conversation with barristers Peter Leonard BL and Mark Tottenham BL, and recorded at the inaugural Kilkenny Law Festival 2025, O’Connell reflects on:
He also shares behind-the-scenes stories and details that didn’t make it into the book — including a few surprises even seasoned observers may not know such as his preoccupation with dust...
If you thought you knew the MacArthur story… think again.
The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.
These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
This episodes cases include;
Listen now wherever you get your podcasts or at thefifthcourt.ie
#TheFifthCourt #IrishCrime #TrueCrimePodcast #LegalPodcast #MarkOConnell #ATreadofViolence #MalcolmMacArthur #IrishLaw #TrueCrimeIreland #IrishWriters #BarristersView #PodcastRecommendation #LinkedInVoices
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E122 The Fifth Court
Frank McNally, author of Irish Times 'An Irishman's Diary', on Bloomsday, June 16th 1904 - The many legal themes running through one of the great English language books.
His cultural recommendation, 'The Third Policeman', by Flann O'Brien
His movie choice is 'All the President's Men'
The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.
These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
Cases include
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Episode 121 of The Fifth Court is the first of a mini-series of the podcast recorded at the Kilkenny Law Festival 2025, held from May 16–18 in Kilkenny City. It offered a dynamic weekend of discussions on contemporary and historical legal topics aimed at making legal discourse accessible and engaging, blending serious analysis with entertainment - a bit like our own podcast!
The event featured a diverse lineup of speakers, including judges, journalists, academics, and legal practitioners. Topics ranged from the impact of AI and blockchain on the legal profession to discussions on censorship, defamation, and constitutional reform.
Her cultural recommendation, 38 Londres Street: On Impunity, Pinochet in England and a Nazi in Patagonia (2025) by Phillipe Sands. He examines the cases of Augusto Pinochet and Nazi officer Walther Rauff, highlighting issues of impunity and international justice.
The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.
These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
Cases include
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Dr. Ciara Smyth, a distinguished lecturer at the School of Law at University of Galway She is the Programme Director for the LLM in International Migration and Refugee Law and Policy at the Irish Centre for Human Rights. Her expertise lies in the areas of asylum law, refugee protection, and human rights.
She talks about her very early experiences in post Pol Pot Cambodia
She later worked with the UNHCR in Dublin
This episode is essential listening for anyone and everyone who would like to know how both the refugee and international protection systems work.
Ciara's legal/cultural recommendation is a movie called 'The Swimmers'
The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
Case include
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E119 The Fifth Court
Recorded at the University of Galway recording studios.
Hosts Peter Leonard BL and Mark Tottenham BL talk to Diarmuid J. Connolly BL (kind of 'Father of the Mayo Bar' but he's keen to correct that misnomer) a practising barrister based in County Mayo.
Former UCG student Peter along with Diarmuid, start with a bit of reminiscing - including a story about men in UCG monitoring the purchase of condoms. However, Mark guides them back to the law.
He has been a member of the Bar of Ireland since 1995. In recent years, he has been actively involved in advocating for the restoration of criminal legal aid fees to their 2011 levels. He participated in protests and strikes in Castlebar, highlighting the challenges faced by criminal barristers due to fee reductions under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. Connolly emphasized that the issue is not solely about rates but about ensuring equality and sustainability within the legal profession.
Diarmuid's cultural recommendations are Anthony Bourdain, Kitchen Confidential: Adventures in the Culinary Underbelly (he's a keen cook) and for a movie he tips the hat to 'Withnail and I'.
The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.
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E118 The Fifth Court featuring retired judge Mary Fahy
Judge Mary Fahy retired from the Irish District Court on January 31, 2025, concluding a distinguished 31-year judicial career. Appointed to the bench in the early 1990s, she served in various jurisdictions, including Dublin and Galway, and was known for her commitment to accessible justice and her forthright approach to the law.Law
As always guests are asked for their (sometimes) legally based recommendations for books or movies. Judge Fahy proposed the movie Fargo and a book , The Coast Road, by Alan Murrin
The episode also includes recent important cases drawn from the Decisis casebook. These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners
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E117 The Fifth Court throws the spotlight on one of the country's most colourful solicitors, Paul Keane, former Managing Partner at Reddy Charlton (where he started at 17 years of age), now a consultant to that firm, as well as having been the Chair of the North Fingal Beekeepers Association!
Also, our hosts discuss some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors and Collaborative Practitioners of Dun Laoghaire, Dublin.
Don't forget the upcoming of the Kilkenny Law Festival 16th - 18th May where will be recording the podcast.
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E116 The Fifth Court - featuring the life and times of the "former" Master of the High Court, Edmond Honahan
Is he, was he still Master? He explains how it's down to an EU interpretation.
His cultural reference is the book 'Wolf Hall' (Hilary Mantel) because of a scene involving the malign influence of 'international bankers'.
Hosts Mark Tottenham BL and Peter Leonard BL start with a brief mention of the upcoming of the Kilkenny Law Festival 16th - 18th May
A brief discussion around some recent cases drawn from the Decisis Law Reports - with thanks to Charlton Solicitors of Dun Laoghaire, Dublin.
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Episode 115 – The Fifth Court
He’s held one of the highest offices in the land, but what’s life really like after the robes are folded away?
In this episode, Frank Clarke SC, former Chief Justice, returns to the studio for the second half of his conversation with Mark Tottenham BL and Peter Leonard BL. The discussion moves effortlessly from courtroom anecdotes to reflections on the evolving nature of legal practice—and yes, there’s plenty of dry wit and the kind of behind-the-scenes insight you won’t find in the law books.
Whether you're in chambers or just legally curious, this one’s well worth a listen.
#TheFifthCourt #LawAndLife #FrankClarkeSC #IrishBar #CourtsOfIreland #JusticeReflections #BehindTheBench #LegalLegends #PodcastForLawyers #MarkTottenham #PeterLeonard #IrishLegalVoices
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Episode 114 The Fifth Court
Former Chief Justice Frank Clarke SC - Part I.
In this episode, The Fifth Court welcomes none other than Frank Clarke SC, former Chief Justice and one of Ireland’s most respected legal minds.
Frank joins Mark Tottenham BL and Peter Leonard BL for a relaxed and entertaining chat that ranges from the inner workings of the Supreme Court to how he’s spending his time back at the Bar. There’s legal insight, a few surprises, and a welcome reminder that even the country’s top judges enjoy a good laugh.
Tune in for an episode that’s as thoughtful as it is good fun.
#TheFifthCourt #FrankClarke #IrishLaw #LegalPodcast #SupremeCourt #BarOfIreland #JusticeMatters #LawTalks #IrishLegalCommunity #PodcastInterview #MarkTottenham #PeterLeonard
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