The Fifth Court

ON this episode of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by John O’Donnell SC — one of the Bar’s leading advocates… and one of Ireland’s most quietly brilliant writers. This is a conversation that moves from the Four Courts to the writing desk — and back again.
We step into a different courtroom entirely — the imagination.
John O’Donnell SC discusses:
Winning the Francis McManus Short Story Award
Writing Mr. Who — a story inspired by a real criminal case
The discipline of writing daily at 6:30am
Why short stories thrive in Ireland
And his upcoming novel Second Skin
This is law, but not as you expect it.

We begin, as always, with the Decisis casebook section, sponsored by Charlton Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire, covering:
1. Teaching Council v CD
A school principal steals up to €100,000… and is NOT struck off. Why? Gambling addiction, remorse, and the court’s willingness to give a second chance.
2. Pepper Finance Corporation v Ward
A default judgment overturned… after SEVEN years. Solicitor misconduct, delay, and “special circumstances” collide.
3. O’Callaghan v O’Callaghan
A family hotel empire tears itself apart. Misrepresentation vs arbitration — and why the court said: “Off you go… to arbitration.”

Chapters
00:00 – Intro
02:00 – Decisis Sponsor: Charlton Solicitors & Collaborative Practitioners
02:15 – Case 1: Teacher theft & second chances
05:30 – Case 2: Default judgment after 7 years
08:00 – Case 3: Family hotel war & arbitration
10:30 – John O’Donnell SC interview begins
18:00 – From barrister to poet
25:00 – Writing discipline: 6:30am starts
32:00 – Mr. Who: crime, imagination, and narrative
40:00 – Law as inspiration for fiction
50:00 – Poetry reading
57:00 – Fastnet Film Festival & courtroom dramas
01:02:00 – Close
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Your Reputation on Trial — And Why the Rules Are Changing

This is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK, and about a legal system that is about to change in a very big way.

John Kerr — barrister, defamation specialist, and colleague — joins us to talk about:
What it was like living through the Troubles with security at the front gate
Why his father became the “Great Dissenter” in the UK Supreme Court
The truth about defamation cases — and why juries may be scrapped
And what happens when your reputation becomes your livelihood

Plus:
Three fascinating Decisis cases including dead-person defamation, missing expert witnesses, and multi-million euro stud fees. Decisis is brought to you thanks to Charltons Solicitors and Collaborative Practitioners.

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TIMELINE
00:00 Intro + Decisis sponsor mention
02:00 Defamation after death — can you sue?
05:15 Lost expert witness — trial goes ahead anyway
08:30 Coolmore stud fees — big money, no excuses
12:00 John Kerr — defamation specialist
14:00 Growing up in Northern Ireland during the Troubles
17:00 Armed guards, relocation, and real risk
20:00 The career of Lord Kerr — last Law Lord
25:00 The “Great Dissenter” — why minority judgments matter
30:00 From solicitor to barrister — taking the leap
34:00 Defamation reform — are juries finished?
40:00 Big awards, big problems — reality vs headlines
47:00 International defamation and celebrity cases
50:00 Book & film recommendations

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The "referee" of Irish politics: Verona Murphy on power, pressure and running the Dáil

What actually happens when you’re handed the whistle in Irish politics?
On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil.
This is not a standard political career story.
From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle.

Inside this conversation:
What the Ceann Comhairle actually does (it’s far, far bigger than you think)
Why the job is effectively 24/7
How legislation really moves (or doesn’t) inside the Dáil
The reality of managing conflict, egos and political theatre
Why many TDs don’t understand the system they operate in
The truth about independence in Irish politics

Plus:
Brexit through the eyes of the haulage industry
Why respect (or lack of it) is crippling key sectors
And the surprising power behind “standing orders”

Decisis Case Round-Up (with thanks to our sponsor)
This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.
Cases discussed:
1. Student A v Trinity College Dublin
Can you stay anonymous if accused of academic misconduct?
The High Court says: almost never.
2. Hegarty & Others v Revenue Commissioners
Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason.
3. G v G (Child Abduction Case)
A 22-month-old taken from the US to Ireland — and the court orders the child back.

Subscribe, follow, and share.
Because law — like politics — only makes sense when someone explains it properly.
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Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law

In this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell.

Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings.
The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood.
The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history.

Decisis Case Notes
With thanks to Charlton Solicitors & Collaborative Practitioners, sponsors of the Decisis law reports segment.
This week’s cases include:
Pizzarchi v Kepak Cork Unlimited Company – renewal of a lapsed personal injury summons refused due to deliberate inaction
DPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victim
Eastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custody
Key Timestamps
00:05:54 – Introduction to Mr Justice Brian Cregan
00:23:05 – Parliamentary obstruction and the mechanics of power
00:31:42 – The Pigott cross-examination and the Special Commission
00:37:20 – The O’Shea divorce proceedings and political consequences
00:42:56 – Parnell and O’Connell compared
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Máirín De Búrca is in front of the courts again | The Fifth Court

There are some names that belong in the footnotes of Irish history. Máirín De Búrca belongs in the headlines.

In this very special episode of The Fifth Court, Peter Leonard and Mark Tottenham visit Máirín at home to talk about a life that took her from Chicago and Newbridge to housing protests, anti-apartheid activism, women’s liberation, prison, and one of the most important constitutional cases of the 1970s.

Yes, Máirín De Búrca is in front of the courts again.
This time she faces The Fifth Court where she tells the story behind the famous De Búrca and Anderson case, the challenge that exposed the absurdity of all-male, property-owning juries and helped change Irish law for good.

This is a warm, funny, vivid and deeply important conversation about activism, law, protest, courage and a very different Ireland.
Also in this episode, in the Decisis case round-up, Mark and Peter discuss three striking recent decisions:
Kelly v An Bord Pleanála, where approval for a bus stop outside a home was quashed over privacy and safety concerns;
Q v O, an interim access case involving a non-parent in a same-sex family despite the absence of a professional report on the child’s wishes;
and In Re Tusker Property Holdings, where reckless and fraudulent trading led to personal liability, disqualification and costs orders.
The Decisis section is proudly sponsored by Charlton Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.

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