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.

Listen and Subscribe on all podcast platforms.

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

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.

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

Episode 137 – Darragh Mackin, Human Rights, Legacy and the Rule of Law

In Episode 137 of The Fifth Court, Peter Leonard BL travels to the Allingham Festival in Ballyshannon for a live recording with one of the most prominent human rights lawyers working on the island of Ireland today, Darragh Mackin, partner at Phoenix Law.

This live podcast at the Allingham Festival 2025 was sponsored by www.brianjmcmullin.com

Still in his thirties, Darragh Mackin has been at the centre of some of the most significant human rights and public law cases of recent decades, north and south of the Border. In this wide-ranging and deeply moving conversation, he discusses the lived reality of human rights litigation, the emotional weight of representing families over decades, and the importance of the rule of law when politics fails.

Topics include:

• The enduring significance of the Human Rights Act and the Good Friday Agreement
• Legacy inquests, including Ballymurphy and the Stardust
• The “hooded men” case and the meaning of torture under international law
• Acting in controversial cases and for unpopular clients
• The Northern Ireland Legacy Act and why it has united opposition across communities
• The role of lawyers when democratic institutions collapse or stall

The episode also features the Decisis Case Law Round-Up, curated by Mark Tottenham BL, examining:

• Company winding-up due to irretrievable breakdown between founders
• Sentencing in historic sexual offence cases
• Supreme Court rulings on compelled password disclosure and constitutional rights

The Decisis section is proudly supported by Charltons Solicitors, specialists in family law and mediation.

Recorded live at the Allingham Festival, Ballyshannon, this episode is a powerful exploration of law, justice and humanity.

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