The Fifth Court Podcast By Peter Leonard BL Mark Tottenham BL cover art

The Fifth Court

The Fifth Court

By: Peter Leonard BL Mark Tottenham BL
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Ireland's legal podcast, presented by the Law Society Award Winning team of Peter Leonard BL and Mark Tottenham BL

Hosted on Acast. See acast.com/privacy for more information.

Conall O Morain
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Episodes
  • E146 The Fifth Court - Your Reputation on Trial — And Why the Rules Are Changing - John Kerr
    Apr 17 2026

    Your Reputation on Trial — And Why the Rules Are Changing


    This is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK, and about a legal system that is about to change in a very big way.


    John Kerr — barrister, defamation specialist, and colleague — joins us to talk about:

    • What it was like living through the Troubles with security at the front gate
    • Why his father became the “Great Dissenter” in the UK Supreme Court
    • The truth about defamation cases — and why juries may be scrapped
    • And what happens when your reputation becomes your livelihood


    Plus:

    Three fascinating Decisis cases including dead-person defamation, missing expert witnesses, and multi-million euro stud fees. Decisis is brought to you thanks to Charltons Solicitors and Collaborative Practitioners.


    defamation law Ireland, jury trials Ireland, Brian Kerr judge, UK Supreme Court law lords, Irish barristers, Paul Tweed defamation, legal podcast Ireland, Fifth Court podcast, Irish courts cases, Decisis cases Ireland, John Kerr barrister, freedom of expression law


    TIMELINE

    00:00 Intro + Decisis sponsor mention

    02:00 Defamation after death — can you sue?

    05:15 Lost expert witness — trial goes ahead anyway

    08:30 Coolmore stud fees — big money, no excuses

    12:00 John Kerr — defamation specialist

    14:00 Growing up in Northern Ireland during the Troubles

    17:00 Armed guards, relocation, and real risk

    20:00 The career of Lord Kerr — last Law Lord

    25:00 The “Great Dissenter” — why minority judgments matter

    30:00 From solicitor to barrister — taking the leap

    34:00 Defamation reform — are juries finished?

    40:00 Big awards, big problems — reality vs headlines

    47:00 International defamation and celebrity cases

    50:00 Book & film recommendations


    Hosted on Acast. See acast.com/privacy for more information.

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    39 mins
  • E145 The Fifth Court - Verona Murphy - From leaving home at 14 to Ceann Comhairle, Dáil Éireann
    Apr 8 2026

    The "referee" of Irish politics: Verona Murphy on power, pressure and running the Dáil


    What actually happens when you’re handed the whistle in Irish politics?

    On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil.

    This is not a standard political career story.

    From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle.


    Inside this conversation:

    • What the Ceann Comhairle actually does (it’s far, far bigger than you think)
    • Why the job is effectively 24/7
    • How legislation really moves (or doesn’t) inside the Dáil
    • The reality of managing conflict, egos and political theatre
    • Why many TDs don’t understand the system they operate in
    • The truth about independence in Irish politics


    Plus:

    • Brexit through the eyes of the haulage industry
    • Why respect (or lack of it) is crippling key sectors
    • And the surprising power behind “standing orders”


    Decisis Case Round-Up (with thanks to our sponsor)

    This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.

    Cases discussed:

    1. Student A v Trinity College Dublin

    Can you stay anonymous if accused of academic misconduct?

    The High Court says: almost never.

    2. Hegarty & Others v Revenue Commissioners

    Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason.

    3. G v G (Child Abduction Case)

    A 22-month-old taken from the US to Ireland — and the court orders the child back.


    Subscribe, follow, and share.

    Because law — like politics — only makes sense when someone explains it properly.

    Hosted on Acast. See acast.com/privacy for more information.

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    51 mins
  • E144 The Fifth Court - Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law
    Mar 24 2026

    Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law


    In this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell.


    Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings.

    The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood.

    The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history.


    Decisis Case Notes

    With thanks to Charlton Solicitors & Collaborative Practitioners, sponsors of the Decisis law reports segment.

    This week’s cases include:

    • Pizzarchi v Kepak Cork Unlimited Company – renewal of a lapsed personal injury summons refused due to deliberate inaction
    • DPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victim
    • Eastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custody
    Key Timestamps
    • 00:05:54 – Introduction to Mr Justice Brian Cregan
    • 00:23:05 – Parliamentary obstruction and the mechanics of power
    • 00:31:42 – The Pigott cross-examination and the Special Commission
    • 00:37:20 – The O’Shea divorce proceedings and political consequences
    • 00:42:56 – Parnell and O’Connell compared

    Hosted on Acast. See acast.com/privacy for more information.

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    48 mins
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