The Fifth Court - DSBA Legal Podcast of the Year

The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:• Síofra O’Leary, former President of the European Court of Human Rights • Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human RightsThis episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.Decisis Casebook segment: Three further Irish decisions are discussed:DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence convictionE v E – relocation of children to the United Kingdom permitted despite the children’s stated wishesGarnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred Presented by Peter Leonard BL and Mark Tottenham BL.Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners. Hosted on Acast. See acast.com/privacy for more information.

The Fifth Court – Part 1: Ireland and the European Court of Human RightsPart 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems. Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook Three recent Irish decisions are discussed, includingEnforcement of a Danish arbitral award, with late-stage objections refusedJudicial review refused of a decision not to transfer a prisoner to an open prisonSecurity for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support. Part 2 follows next week. Hosted on Acast. See acast.com/privacy for more information.

Courts, Climate & Common Sense – Austria’s Supreme Court President Georg Kodek on Why the Law Can’t Save the PlanetIn this compelling episode, The Fifth Court hosts Peter Leonard BL and Mark Tottenham BL sit down with Georg Kodek, President of the Austrian Supreme Court, during the European Law Institute Conference in Vienna.He explains why courts can’t be expected to fix climate change – and why real solutions must come from politics and public conviction, not litigation.From a Peruvian farmer’s lawsuit against German power plants to how TikTok might be used by the Austrian Supreme Court, Kodek discusses the limits of law in global challenges – and why judges must learn to speak to the public again.But first, three fascinating Decisis.ie cases:DPP v Clark – Repeat firearm offender sees sentence increased from 6 to 7½ years.DPP v BK – Conviction of a mother set aside after court finds statements in a safeguarding assessment unreliable.Harford v Commissioner of An Garda Síochána – Judicial review dismissed where a criminal trial was deemed an adequate remedy.Sponsored by Charltons Solicitors & Collaborative Practitioners, specialising in Family Law, Civil Litigation, Property, Wills and Probate. Hosted on Acast. See acast.com/privacy for more information.

The Fifth Court — Episode 133 Presented by barristers Mark Tottenham and Peter Leonard.This episode opens with Josepha Madigan — solicitor, former cabinet minister and family-law mediator — on why mediation is gaining ground, what makes it work, and how practice culture is changing for clients and lawyers alike.Then Mark and Peter review three recent Decisis cases (case-note segment sponsored by Charltons Solicitors & Collaborative Practitioners):A Court of Appeal judgment on alleged ineffective legal representation.A High Court ruling that quashed a same-day trial conviction on fair-trial grounds.A further decision testing procedural fairness and preparation time in summary proceedings.Clear takeaways — and the practical implications for practitioners and clients. Hosted on Acast. See acast.com/privacy for more information.

LCJ Keegan on the modern courtroom — AI, experts and leadershipOn Episode 132, The Fifth Court hosts Peter Leonard and Mark Tottenham have rare access to Dame Siobhán Keegan, the Lady Chief Justice of Northern Ireland, to discuss evaluating expert evidence in an age of AI and complex fact-finding, leadership on the bench, and the realities of administering justice in Belfast’s Royal Courts. The episode is recorded with her in the Royal Courts of Justice, LCJ Keegan flags her Macfadyen Lecture on evaluating the expert witness in the modern legal landscape—a timely frame for how courts should approach AI-assisted and technical testimony (provenance, transparency, methodology, limits).Her cultural choice 'Is a River Alive?' by Robert Macfarlane, published by Hamish HamiltonPlus, our case-law segment, drawn from the Decisis.ie casebook, covers a failed attempt to register a New York multi-billion judgment against Argentina in Ireland without locating Irish-sited assets, and the Court of Appeal’s approach to frivolous and vexatious challenges to demolition orders.Sponsored by Charltons Solicitors and Collaborative Practitioners of Dublin Hosted on Acast. See acast.com/privacy for more information.