The Fifth Court

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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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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