The Fifth Court

E156 | Paul Howard: A united Ireland. But whose flag, whose anthem, whose rules?

Would you vote for a united Ireland if it meant changing the flag? The national anthem? The Constitution?
And should we settle those questions before asking people to vote?
On Episode 156 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL welcome Paul Howard, creator of Ross O’Carroll-Kelly, to discuss his new satirical novel, A Nation Once Again.
Its premise: a fictional government department has been preparing for Irish unity since 1958. Turning the aspiration into an actual plan proves rather more complicated.
Paul describes himself as agnostic on reunification and open to persuasion. He explains why the argument needs to move beyond green versus orange, why compromise may leave everyone slightly dissatisfied, and why a premature border poll could set the project back for a generation.
Along the way:
• The solicitor’s letter over a 50-word rugby report that helped inspire Ross O’Carroll-Kelly’s lawyer.
• Why comedy can open up conversations that serious political debate struggles to reach.
• Flags, anthems, policing and the practicalities of bringing two systems together.
• Why Ireland’s Call might offer an unlikely lesson in compromise.
• Paul’s prediction of a border poll within ten years—and Mark’s reasons for disagreeing.

The Decisis case review
Peter and Mark also discuss three Irish decisions from Decisis.ie:
• Merck Serono S.A. v The Controller of Intellectual Property: an unsuccessful appeal concerning a supplementary protection certificate for a medicine.
• Minister for Justice v Curtin: surrender to the UK, errors in a warrant and objections concerning prison conditions.
• Kerr v Moran: joint tenancy, intended ownership arrangements and the refusal to dismiss a solicitors’ negligence claim as statute-barred.
The case-law section is sponsored by Charltons Solicitors & Collaborative Practitioners, George’s Street, Dún Laoghaire, whose services include family law, civil litigation, property, wills and probate.

Paul’s recommendations:
• Death in the City of Light — David King.
• I, Fatty — Jerry Stahl.
• Intermission — his favourite comfort film, accompanied by a wonderful story about meeting Colm Meaney.
Presented by Peter Leonard BL and Mark Tottenham BL.

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THE BILLABLE HOUR IS UNDER ATTACK. AND AI COULD CHANGE THE LEGAL PROFESSION FOREVER.

What happens when one of Ireland's most innovative solicitors decides to throw out the traditional rulebook?
Larry Fenelon SC, founder of Fenecas Law and previously of Leman Solicitors, joins Peter Leonard BL and Mark Tottenham BL on Episode 155 of The Fifth Court.
He's built a litigation-only firm that doesn't record billable hours, embraces artificial intelligence and believes the Irish legal profession needs to move much faster.
And his numbers are extraordinary.

Five hours of document preparation reduced to five minutes.
Ten employees doing work he believes might otherwise require 20–22 people.
Fixed-fee arrangements instead of the traditional six-minute billing clock.
Larry also reveals:
Why increasing his previous law firm from 25 to 55 people didn't necessarily increase profits.
How Leman Solicitors became part of international law firm Ogier.
Why AI is forcing lawyers to rethink how they charge clients.
Why paper-based court processes are increasingly unsustainable.
Why Ireland could become a major international arbitration centre, competing with London, Paris, Vienna and Stockholm.
Why he believes Ireland's legal professionals can compete with the best in the world.
There's also a remarkable personal story, from working in his family's meat business and studying at the University of Limerick to building, merging and then starting a law firm all over again.

Plus: the Decisis Law Reports case review
Peter and Mark examine three important decisions:
T.O. v HSE — a child's access to weight-loss medication and a challenge to the HSE's refusal to fund treatment.
L.M. v N.O.M. — children wrongfully retained in Ireland following a holiday visit, and their return to South Africa under the Hague Convention.
The People v C.U. — admissions made by a 17-year-old during Garda questioning and whether those admissions were admissible in evidence.
The Decisis case-law review is proudly sponsored by Charltons Solicitors and Collaborative Practitioners, George's Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.
Presented by Peter Leonard BL and Mark Tottenham BL.

The Fifth Court. No Ordinary Courtroom.
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As the multitude of tributes have shown Bernard was not only a highly respected Judge and member of the Law Library, but was an absolute gentleman, known for his kindness, warmth, and great sense of fun. This we experienced in abundance when he joined us as a guest on the The Fifth Court podcast.

In what was one of our most popular episodes, Bernard’s charm and infectious enthusiasm for law and life shone through.
Accordingly , we are re-releasing this episode in tribute to this wonderful man.

Mark Tottenham Peter Leonard

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Peter Leonard BL and Mark Tottenham BL are joined by John Freeman BL, author of The Central Bank Acts: A Commentary.

John explains the modern role of the Central Bank of Ireland and how financial regulation has changed since the banking crisis. The discussion examines the increased focus on individual accountability within financial institutions, including how responsibility is assigned to particular executives and decision-makers.

They also consider:
The Central Bank’s investigative and enforcement powers
Personal responsibility for regulatory failures
Fines, suspensions and exclusion from the financial services industry
The effect of the Zalewski judgment on regulatory hearings
Fair procedures when the regulator investigates and adjudicates
Appeals to the Irish Financial Services Appeals Tribunal and the High Court
The independence of the Central Bank
The relationship between the Central Bank of Ireland and the European Central Bank
Why the Central Bank Acts have become so difficult to navigate
John also discusses the work involved in writing a major legal commentary, the growing use of Irish within the legal profession and his interest in French revolutionary legal history.

Before the interview, Peter and Mark review three recent decisions from Decisis.ie:

An unlawful repossession of a family home resulting in an award of €20,000 in damages
Planning permission quashed because inadequate provision had been made for children’s play facilities
A constitutional challenge concerning temporary release and a mandatory minimum sentence for serious drug offences
The Decisis.ie case-law section is sponsored by Charltons Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.

Presented by Peter Leonard BL and Mark Tottenham BL.
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For more than a century, Ireland's judges shaped the country's politics, business, land ownership and legal system.
But who were they?

On Episode 153 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL are joined by legal historian Daire Hogan, former McCann FitzGerald partner, former President of the Irish Legal History Society and author of the remarkable new book The Judges of Ireland 1866–1921.

It's a fascinating conversation about Victorian Ireland, judicial power, Westminster politics, the Four Courts, Home Rule, the birth of the modern legal system and some extraordinary judicial personalities whose influence is still felt today.

Along the way they discuss:
• why 1877 completely changed Irish courts
• the astonishing political influence behind judicial appointments
• why some judges nearly sailed on the Titanic
• how Irish judges were viewed in London
• the origins of today's High Court and Court of Appeal
• what legal history tells us about modern Ireland

Before Daire Hogan joins Peter and Mark, Mark reviews three important recent decisions from Decisis, kindly brought to listeners with the support of Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.
The featured cases include:

Adoption without parental consent
Security for costs
Legal professional privilege and shareholder rights

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