The Fifth Court

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

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:
DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction
E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes
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.
Hosted on Acast. See acast.com/privacy for more information.

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
Enforcement of a Danish arbitral award, with late-stage objections refused
Judicial review refused of a decision not to transfer a prisoner to an open prison
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.

Hosted on Acast. See acast.com/privacy for more information.