E128 The Fifth Court – Drawing the Line: The Story of the Irish Boundary Commission

Dr. Cormac Moore – an historian with Dublin City Council’s Historian-in-Residence programme and author of Birth of the Border: The Impact of Partition in Ireland. He is a recognised authority on the politics, personalities, and legal frameworks surrounding the Irish border.

It was meant to settle the border between North and South once and for all. Instead, it nearly collapsed the Irish Free State government. On this episode of The Fifth Court, barristers Peter Leonard and Mark Tottenham are joined by historian Dr. Cormac Moore, who explains the secretive, scandal-ridden tale of the Irish Boundary Commission of 1924–25—a political time bomb buried in the Anglo-Irish Treaty.

From leaked maps to aborted transfers of land, Dr. Moore lays out how the Commission’s quietly explosive findings were suppressed, how the Free State’s hopes were dashed, and why the whole affair continues to echo in Irish constitutional law and cross-border politics today.

Cormac's cultural reference...a movie 'The Treaty' on YouTube, and he also loves 'Amadeus', the movie.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• An AI case...artificial insemination that is. A case about bull semen and a woman who, it was claimed, was acting as though she were a vet. The Veterinary Council of Ireland got involved.
• A defamation case where the wrong person was identified as having been on the tax defaulters list. Qualified privilege did not arise.
• A case involving a medical practitioner who it was said about him, had a persistent delusional disorder. The Medical Council was on one side.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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On Episode 127 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Matthew Holmes BL, author of Habeas Corpus: Practice and Procedure. (This is his sixth book!). They delve into the historical roots, practical applications, and enduring importance of habeas corpus in modern Irish law. Everything you need to know in 30 minutes (but you'll still want to buy the book!). He makes mention of a very special case involving the people of Laois. If you're from Laois, or know people from the county, you will have to listen to this, and have a good chuckle.

Matthew's culture recommendation is 'D-Day - The Battle for Normandy' by Antony Beevor. His movie choice is 28 Years Later.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• Ward V DPP re the validity of a certificate by Forensics Science Ireland
• A case involving a question around a land dispute, and a deposit and whether they got the deposit back?
• A case involving Starbuck franchise directors and their failure to pay rent.

offering expert insight into the evolving Irish legal landscape.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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

Episode 126, The Fifth Court featuring – Catastrophe: Nakba II with author Fintan Drury (Legal & Human Rights Special)

Fintan Drury’s Catastrophe: Nakba II is a punch in the gut—not a balanced history lesson. On The Fifth Court, we dig into the polemical argument beneath the exhaustive research, and why it reads more like a rallying cry than a neutral narrative. As a lawyer, judge, or rights campaigner, you’ll find it both infuriating and illuminating.

Expect:

• Legal flashpoints and human rights redlines
• The rule of law and the right to self-defence
• A call to action underneath the history

If you care about international law, ending impunity, or simply understanding how history becomes a platform for justice, this episode is for you.

Listen, discuss, and REPOST this episode to your network—because silence isn't an option.

The episode also includes recent important cases drawn from the Decisis casebook, discussed by hosts Mark Tottenham BL and Peter Leonard BL.

These are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• A family law case, whether a court can interfere in the sequence of calling a witness
• The National Transport Authority v Anderson, whether the NTA was allowed to carry out a 'covert' investigation
• Veterinary Council of Ireland case to do whether a vet could be struck off on a summary basis

Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review!

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Episode 125 The Fifth Court

John Brennan ran America’s most secretive operations as CIA director. Now he’s sharing what he learned about balancing intelligence, justice, and democracy. From briefing presidents to confronting terror, Brennan gives The Fifth Court a rare insider’s view—and explains why Ireland’s Centre for Justice and Law Reform Summer School 2025 could shape vital global conversations. The Fifth Court co-presenter Peter Leonard seized his chance to get a rare interview with this world player. Fascinating.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• Were the Garda Siochana justified in refusing station bail following an arrest for an alleged breach of a barring order
• 'Passing off', Yoplait V Nutrica (maker of Danone)
• Mount Salus Residents V An Bord Pleanala involving a County Development Plan

Listen now wherever you get your podcasts or at thefifthcourt.ie and give us a Five Star ***** Review!

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

Conversation from the Bench, Retired Judge Alice Doyle at the Inaugural Kilkenny Law Festival

Recorded live at the Kilkenny Law Festival, this special episode of The Fifth Court — recent Merit Award winner of the Law Society of Ireland's Awards — features a wide-ranging conversation with Retired Circuit Judge Alice Doyle. With over two decades on the bench, Judge Doyle shares rare insights into the pressures of presiding over criminal, family, and civil cases across Ireland.

She is very self-effacing about her school days and her lack of qualifications early on...however she made up for it later.

She discusses the human stories behind the courtroom, including her first time giving a long sentence for a crime, the evolution of legal practice, and life after retirement. A must-listen for legal professionals and court-watchers alike.

Her culture recommendation? A movie, 'My Cousin Vinnie'.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• An appeal of findings of 'professional misconduct' - a solicitor was not happy with a disciplinary hearing finding
• A case where a child was not entitled to special care as all other options had not been exhausted
• A case involving a Garda disciplinary issue where the Garda was seeking a Judicial Review

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

The Murderer, the Memoirist & the Mystery That Lingers

On episode 123 of The Fifth Court, we’re joined by Mark O’Connell, Irish Times contributor and author of the acclaimed A Thread of Violence, his gripping account of the life — and crimes — of Malcolm MacArthur.

In conversation with barristers Peter Leonard BL and Mark Tottenham BL, and recorded at the inaugural Kilkenny Law Festival 2025, O’Connell reflects on:

• The extraordinary access he had to MacArthur
• The unsettling contradictions at the heart of the man and the murders
• And the personal and ethical tightrope of writing about someone capable of extreme violence

He also shares behind-the-scenes stories and details that didn’t make it into the book — including a few surprises even seasoned observers may not know such as his preoccupation with dust...

If you thought you knew the MacArthur story… think again.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

This episodes cases include;

• A professional negligence action against two firms of solicitors
• A Judicial Review of a Compulsory Purchase Order of a farm brought against a Local Authority
• And, a Summary Judgement case involving a loan that had a number of previous 'owners'.

Listen now wherever you get your podcasts or at thefifthcourt.ie

#TheFifthCourt #IrishCrime #TrueCrimePodcast #LegalPodcast #MarkOConnell #ATreadofViolence #MalcolmMacArthur #IrishLaw #TrueCrimeIreland #IrishWriters #BarristersView #PodcastRecommendation #LinkedInVoices

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E122 The Fifth Court

Frank McNally, author of Irish Times 'An Irishman's Diary', on Bloomsday, June 16th 1904 - The many legal themes running through one of the great English language books.

His cultural recommendation, 'The Third Policeman', by Flann O'Brien

His movie choice is 'All the President's Men'

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Cases include

• A Personal Injuries case involving the Hotel Kilkenny and a claim about a wet floor
• A case where a businessman breached several equitable reliefs
• A judgement debt that had not been extinguished by a previous settlement agreement

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

Episode 121 of The Fifth Court is the first of a mini-series of the podcast recorded at the Kilkenny Law Festival 2025, held from May 16–18 in Kilkenny City. It offered a dynamic weekend of discussions on contemporary and historical legal topics aimed at making legal discourse accessible and engaging, blending serious analysis with entertainment - a bit like our own podcast!

The event featured a diverse lineup of speakers, including judges, journalists, academics, and legal practitioners. Topics ranged from the impact of AI and blockchain on the legal profession to discussions on censorship, defamation, and constitutional reform.

• On this episode co-host Peter Leonard chats to Ms Justice Marguerite Bolger, appointed as a Judge of the High Court in January 2022. She is very well known for work in employment and equality law. She co-authored seminal legal texts such as Criminal Law (with Peter Charleton and Paul Anthony McDermott), Sex Discrimination and the Law, and Employment Equality Law and served as Chairperson of the Employment Bar Association of Ireland as well as being a member of the executive board of the Irish Council for Civil Liberties.
• Notable Judgments:
• In a 2024 case, emphasized the importance of firsthand recollections in traumatic events, stating that assumptions about memory fading shouldn't apply to unusual incidents like witnessing a death outside a nightclub.
• In 2025, ruled that a plaintiff's claim regarding defective breast implants was sufficiently pleaded, allowing the case to proceed.

Her cultural recommendation, 38 Londres Street: On Impunity, Pinochet in England and a Nazi in Patagonia (2025) by Phillipe Sands. He examines the cases of Augusto Pinochet and Nazi officer Walther Rauff, highlighting issues of impunity and international justice.

The episode also includes recent important cases drawn from the Decisis casebook and discussed by Mark Tottenham BL and Peter Leonard BL.

These cases are brought to you thanks to Charltons Solicitors and Collaborative Practitioners, Georges St. Dun Laoghaire, Dublin.

Cases include

• A case involving a failure to comply with a court order
• A wind turbine operation restriction to minimise noise, particularly at night
• A High Court decision involving a Norwich Pharmacal Order, a type of court order compelling a third party—usually an innocent but involved party, like an internet service provider, bank, or social media platform—to disclose information that can help identify a wrongdoer.

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