E31 - The Fifth Court Presented by Peter Leonard, BL and Mark Tottenham BL21'.30" "In recent weeks the DPP cannot get Senior Counsel to act in criminal cases, I'm assuming because their fees, relative to other work, are so low." - Luigi Rea, BLLuigi Rea BL (joined the profession in 1977 and Darren Lawlor BL (2015) join our hosts Peter Leonard and Mark Tottenham to talk about the 'burning issue' in the Law Library - the campaign to reverse the cuts in legal criminal aid fees. These were cut during the time of the Troika, but the fees that were cut were State fees, so legal aid fees (not other fees), and these cuts have never been reversed. Luigi talks about preferring criminal law over other areas such as property related cases where he didn't like when cases were being 'dragged out' 'so that fees would be generated'. 'Criminal (legal) work was easier to live with'. Luigi says that in criminal cases nowadays that you 'can't touch client's money (for fees) because such monies might be the proceeds of crime' and therefore could be a criminal offence to accept such a payment. 'Drugs dealers have money, but you can't touch it' - so it's legal aid or nothing.Peter Leonard asks Luigi 'how can you defend the bad guys' but Luigi interrupts and asks his own similar question that he's often asked, 'How do you defend people who are guilty' and he counters that by pointing out that 'on the other side' that there may be barristers prosecuting people who they know are innocent'. Darren Lawlor left school at 14 and decided to go back to school and college. A chance encounter with Luigi in the taxi that Darren was driving [he happened to be reading a law book so a conversation ensued] that has forged a lifelong and life changing friendship, and Darren joined the profession in 2015 specialising in criminal cases. Jokingly, he refers to media mentions of the Four Courts as being the Four Goldmines, while the Criminal Courts of Justice as being the Four Coalmines.15.00" Luigi and Darren get into the meat of the campaign for the restitution of their fees back to the 2002 levels as he could work all day on a case and be paid €25. Luigi refers to one of his formal 'devils' who has fees outstanding from a solicitor of €7,000 - a 'loss' that she can't bear. They discuss the likelihood of a strike - which they say should happen 'sooner rather than later'. Hosted on Acast. See acast.com/privacy for more information.

E30 The Fifth CourtRetired Supreme Court judge, John MacMenamin joins our hosts Peter Leonard BL and Mark Tottenham BL to talk about what he says is 'the best job in the world', his time in UCD, his colleagues in law including Rory O'Hanlon and James O'Reilly. He reveals he has been doing some research in the British Library, that may or may not lead to a history book. He comments on the use of AI in court. He explains why he travelled to Poland to make his views on the legal system there known and he comments on the separation of powers and political bias in Ireland.When asked for a cultural recommendation for those in the legal profession he suggests that all lawyers should channel their inner Gregory Peck.Three cases from the Decisis.ie casebook include;A case where a child was not entitled to Irish citizenship A commercial action involving an Isaac Wunder order and a claim of an abuse of the court systemA criminal case where a pathologist was not available for cross examination Hosted on Acast. See acast.com/privacy for more information.

Barrister Daithí Mac Cárthaigh, who teaches the Irish language course at the Kings Inns. He explains how the current system of translation of Oireachtas bills and subsequent Acts operates and he talks about opportunities for law graduates who are fluent in Gaeilge (24th official language of the EU) in Ireland, Luxembourg and Brussels. He says that the Irish language is a useful 'in' to the official institutions of the EU for those fluent in the language.He discusses the difficulties of presenting a case in Irish because of the lack of Irish speaking judges. And which judges are bilingual? 'The posh ones and the clever ones' according to Daithí. Movies including 'Millers Crossing' and 'The Grand Budapest Hotel' are his cultural recommendations for colleagues.The podcast also includes three key cases from the Decisis.ie casebook including;Debt settlement arrangement that was challenged by a number of those who were owed money. Mr. Justice Sanfey overturned an earlier judgement.A (very convoluted) case involving Russian companies but that was adjudged could be heard in Ireland - it could be a truly huge caseA case where a party issued proceedings and registered a lis pendens (a notice that litigation is pending) against a property. This can make a property unsaleable. Hosted on Acast. See acast.com/privacy for more information.

The claim is that 'The presence of Wikipedia can be spotted to a measurable degree in Irish High Court judgements', according to an academic study by Dr. Brian Flanagan (NUI Maynooth) et al. Brian put his case on Episode 26 of The Fifth Court.On E28 Mr. Justice Richard Humphreys of the High Court strongly rebuts Brian's assertion, in an interview with Mark Tottenham. Not too often you'll hear a High Court judge declare that 'He's scarlet for your ma!'Cases from the Decisis.ie casebook discussed on this episode include;A case involving a rateable valuation claim on toll boothsA planning judicial review involving the Protect East Meath lobby groupA defamation case that involved a plea regarding the statute of limitations Hosted on Acast. See acast.com/privacy for more information.

Son of George Carman QC (RIP 2001), Dominic Carman, talks to Peter Leonard and Mark Tottenham about his father, at one time one of the biggest names in the British legal system (he defended British Liberal leader, Jeremy Thorpe). He starts by giving his perspective on the growth of international legal firms in Ireland. He predicts larger Irish firms will merge or be taken over...he has a report due soon on www.reportslegal.comDecisis.ie cases include a case involving;Availability of civil legal aid for charities (that is limited to 'natural persons')A decision in an autism case, reviewed by Ms. Justice PhelanA work related personal injury case, involving contributory negligenceHis cultural recommendation for lawyers, the movie 'Witness for the Prosecution' Hosted on Acast. See acast.com/privacy for more information.