E77 The Fifth Court - with @Mark Tottenham BL and @Peter Leonard BL

With thanks to Clio Legal Software

Something you may not have considered.

The Polish community, numbering above 100,000, is one of Ireland's largest non-Irish communities. Naturally, they need legal representation and advice. So who do they go to?

Krystian Boino obtained his masters degree from the University of Wroclaw, Poland in 2003. By 2006 he had completed a judge’s apprenticeship and successfully passed exams which entitled him to apply for judge vacancies in Poland. Krystian also qualified as a Polish solicitor (Radca Prawny) and is a fully qualified Irish solicitor since 2013.

Krystian says he's the only such lawyer from Poland registered in Ireland having full professional qualifications in both jurisdictions. He has been practicing since 2006 with William Crean & Co Solicitors and then with JC Hoban & Company Solicitors. He established Hoban Boino Solicitors in partnership with Joanne Hoban. Krystian advises clients from both Ireland and Poland as well as many other nationalities. He specialises in personal injury litigation and employment law and also advises clients in wide range of aspects of Polish law regarding wills and property.

Peter and Mark also take a look at three more curious cases from the Decisis.ie casebook

• An Order 67 company law case
• A case involving a guarantee given by a father for a son's debts, when the father tragically died.
• A case where the court was asked to adjudicate on the transfer of a vulnerable minor to the UK for care as suitable care was not available in Ireland.

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E76 The Fifth Court

DSBA 'Podcast of the Year'

With thanks to Clio Legal Software

Hosts Mark Tottenham BL and Peter Leonard BL interrogate Senator (and former councillor) Barry Ward BL about the powers that local authorities have and the claimed powers of local councillors (especially in the light of claims made in election literature).He discusses all aspects of local authorities including the corruption of the 1990's, the number of elected councillors and whether that could/should be cut, what the office of the new elected Mayor of Limerick might mean, and why other EU countries appear to have a better system of local government than Ireland (which ranks close to the bottom of surveys).

Barry's 'cultural recommendation'? Fatherland, by Robert Harris, a 1992 novel of alternate history conceived as: "What might have happened if the Nazis won World War II?

Our hosts also look at a further three cases from the Decisis.ie casebook

• A tax compliance case where a tax payer wanted to cross examine his investigating revenue officer. The judge decided it was an attempt at trying to delay the case.
• A personal injuries case where a woman claimed she fell over tree roots that had broken through the pavement. She couldn't tell the court exactly where she fell nor did any of her three friends who her with her on the night of the fall choose to give evidence.
• A case involving the Charity Regulatory Authority and their powers of search (the CRA has assumed powers previously held under the AG's office). The Court decided that there was no obligation on the CRA to give advance warnings of investigations.

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E75 The Fifth Court - recorded at the Solicitor's Growth Summit

Our hosts, Mark Tottenham BL and Peter Leonard BL are joined by barrister Joe Brolly BL, the well know GAA football analyst who played at senior level for Derry and was a member of that county's only All-Ireland Senior Football Championship winning side in 1993. An entertaining romp through the life and times of the well known lawyer and pundit. About the Northern Troubles, according to Joe his mother always said, 'he started the Troubles'. Having won an All-Ireland he was dispirited and wondered 'Is that it?' He denies Mary McAleese's description of him being (one of her) outstanding students. Great entertainment.

His book recommendation? 'The Fight' by Norman Mailer.

Peter and Mark also delve into three more cases from the Decisis.ie casebook. They include:

• A bankruptcy case where there was non-disclosure of a property in Thailand and a BVI company.
• A case involving an 'enduring power of attorney' where a woman was said not to have the ability to control her own affairs.
• A child abduction case where the judge decided it was not in the child's interest to be sent back to Ireland from Poland.

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E74 The Fifth Court with Mark Tottenham BL and Peter Leonard BL

From Riverdance to the Four Courts, a life after RTE for TV personality turned barrister Cynthia Ni Mhurchú who is hoping for another career pivot as she stands for election for the EU Parliament. Obviously there was discussion with our two hosts about the iconic Eurovision Song Contest night, presented in Dublin by Cynthia and the late Gerry Ryan along with Michael Flatley, 'The Bull McCabe' is how she describes him, and the beautiful Jean Butler. She relives that truly electric evening along with "The Rock'n'Roll Kids"

After TV came a career in law and she concentrates on family law nowadays, saying about herself that she 'does a lot of listening'. However a fateful meeting at a dinner convinced her it was time to head for Europe where she hopes to make a change, particularly around women and the law.

This episodes cases from the Decisis.ie casebook include;

• A medical negligence case involving a woman who sustained injuries during childbirth back but the defence claimed that the statute of limitations applied.
• A property dispute involving a family home.
• A wardship case about whether a woman, a ward at the time, was allowed to take control of her own life again.

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E73 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts

Part 2. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, the effect of an increase of the number of Supreme Court judges from 3 to 5, the 1937 Constitution ("not the creation of one man [De Valera]"), pushback to the creation of the Office of President, the great understanding of De Valera of constitutional law drafting, "the '37 Constitution was a very significant human rights document", the Constitution was a 'great success',

Plus three more recent important cases, drawn from the Decisis.ie casebook including

• An injunction successfully granted against a winding up petition against a business
• A Landlord and Tenant case about a claim of frustration of a lease due to Covid.
• A Personal Injuries case taken by a former pupil against his old school long after having left.

With thanks to Clio legal software

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E72 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts

Part 1. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, how politicians had to 'tread softly' to keep some of the more conservative lawyers on side, how referrals to the British Privy Council were ended, and on a lighter note, whether Mr. Justice Hogan would have preferred to the Brehon Law type robes that had been mooted!

The two host also discuss three more cases from the Decisis.ie casebook

• The first case involved a non-compete clause where a senior staff member joined a rival company.
• The second High Court case is a Succession Acts case and a dispute involving three siblings and a question over signatures on disclaimers
• The third case is a Defamation action involving businessman Declan Ganley and news outlet CNN

With thanks to Clio Legal Software

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Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BL

The Apple Tax Case

Will they, won't they? Should they, would they?

Questions, questions, questions about the now infamous 'Apple tax case' whereby some groups are hoping to make the Irish State accept more than €13bn in taxes they say are owed by the global iPhone maker. Meanwhile the Irish Government is hoping to avoid receiving this massive windfall!

It's a case without precedent in Ireland that has given its own windfall to the commentariat.

On this episode our hosts interview Dr. Charles Garavan, lawyer and tax expert, who is Assistant Professor at the Business Faculty at UCD. (BTW, he's also a 'memory man' that you'll learn more about on the podcast. Fascinating.).

The Apple case may be heading, slowly but finally, towards a conclusion. This interview is an 'Apple Tax 101' that will have you perfectly informed when discussing it with colleagues.

Charles' book choice is 'A Guide to the Good Life' by William B. Irvine

As always our two hosts also delve into three recent cases from the Decisis.ie casebook, including;

• A habeas corpus application where the judge ruled that a doctor had withheld relevant information
• A personal injuries case where an employee cut themselves whilst carrying trays. The judge in this case decided there was partial responsibility
• A case under a European Arrest Warrant where a Czech national was wanted for road traffic offences in his native country. The judge ordered him sent back.

With thanks to Clio legal software

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E70 The Fifth Court

Hosts Peter Leonard BL and Mark Tottenham BL entertain a most entertaining guest on this episode. Des Geraghty, a national figure for his work in the trade union movement, former president of SIPTU, one time MEP, a writer, musician and so much more (as you'll hear) joins our two interlocutors to discuss the most interesting cases ( as there were a number) involving the so-called Sinn Fein Funds. The conversation eventually gets to the London based Hurlingham private members club, founded in 1869, and how its history had a direct bearing on where those so-called 'Sinn Fein Funds' ended up. It will also be of interest to students of recent Irish history as to how Judge Kingsmill Moore traced back the Sinn Fein lineage. A bit of 'Who Do You Think You Are' on The Fifth Court.

Three cases from the Decisis legal casebook include;

• A case involving a collision at sea involving a trawler and a bulk carrier. One of them made 'foolhardy turn' according to the judge hearing the case.
• A second is a personal injuries case and the discovery of medical records. The judge decided he didn't want any fishing expeditions.
• The third case is yet another Isaac Wunder order where Mr. Justice Charles Meenan decided that the appellants had made scurrilous claims.
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With thanks to Clio Legal Software.

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