The Fifth Court

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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The Barrister Who Quit Law To Handicap Racehorses

What kind of person leaves the Law Library… and ends up becoming one of the most quietly powerful men in Irish racing?
Garry O’Gorman, that’s who.

ON Episode 142 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL meet the former barrister who swapped devilling and district courts for parade rings, pedigrees, handicap marks and the dark arts of Irish flat racing.
This is law with a glorious smell of turf, horse sweat and mild institutional mischief.

Garry explains:
how he went from Trinity, King’s Inns and the Law Library into racing
what a handicapper actually does
how trainers try to outfox the system
why only one horse can win, but 11 people can still blame the handicapper
how Ireland became a global bloodstock superpower
why racehorses, judges, barristers and forum shopping all belong in the same conversation

There is also talk of Phoenix Park Racecourse, Cheltenham, black type, appeals, legal gossip, and the delicious reality that in racing, some people are scandalised by a coup while secretly admiring it.

This is not one of your solemn legal episodes.
This is The Fifth Court going full gallop.

Decisis
The Decisis case notes on this week’s episode are supported by Charlton Solicitors and Collaborative Practitioners, George’s Street, Dún Laoghaire.
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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

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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