Scotland’s Devolved Powers Explained: The Gender Recognition Reform (Scotland) Bill
In one of its last acts of 2022, Scotland’s devolved parliament voted to pass the Gender Recognition Reform Bill. The Bill, if enacted, would have removed the need for an individual to obtain a medical diagnosis of gender dysphoria before obtaining a …
Louis Golden BL | March 24, 2023
High Court judges continue to have split opinions on orders made regarding loss of earnings
Where an individual finds themselves out of work for a considerable period of time, such as following an accident at work, they may be entitled to illness-related social welfare payments. The Recovery of Benefits and Assistance Scheme, provided for in …
Conor Rubalcava BL | March 22, 2023
Cian O’Carroll solicitor speaks about medical negligence on The Fifth Court podcast
In the new episode of The Fifth Court podcast, solicitor Cian O’Carroll speaks to presenters Mark Tottenham and Peter Leonard about his path into legal practice. As solicitor for the late Vicky Phelan and Ruth Morrissey, he has acted in two of the most …
Decisis | March 7, 2023
Acts of Union “Shattered” Part 2: UK Supreme Court confirms Acts of Union “Suspended” by Northern Ireland Protocol
On 10 December, 2021, I wrote about how the High Court of Northern Ireland found in Re Allister and Ors [2021] NIQB 64 that the Northern Ireland Protocol (“the Protocol”) effectively repealed any part of the Acts of Union 1800, in particular Article VI …
Brendan Rooney BL | February 27, 2023
Declan Keane, obstetrician, speaks to The Fifth Court podcast about ‘expert shopping’
In the new episode of The Fifth Court, Declan Keane, obstetrician and former Master of the National Maternity Hospital in Holles Street, speaks to Peter Leonard and Mark Tottenham about his experience of litigation, both as a defendant and as a witness …
Decisis | February 9, 2023
New decision-making legislation discussed on The Fifth Court podcast
On the new episode of The Fifth Court, Ciara Dowd BL, and solicitor Aileen Curry discuss the new decision-making legislation, which will replace the existing provisions for wards of court and enduring powers of attorney.
Mark Tottenham | February 1, 2023
Decisis as a simple sales tool for solicitors
You are meeting a client for the first time. You want to present yourself as knowledgeable and aware of current legal developments. You want to have something to talk to the client about. You also want to help generate more work for the firm. Decisis c …
Decisis | January 25, 2023
Ep 17 of The Fifth Court podcast, with Stephen Hanaphy BL on copyright law
The guest on the new episode of The Fifth Court is Stephen Hanaphy BL, who speaks to presenters Peter Leonard BL and Mark Tottenham BL on copyright law. The presenters also discuss the following cases: North Westmeath Turbine Action Group CLG v. Westla …
Decisis | January 24, 2023
Dr Neil Maddox discusses compulsory vaccination on The Fifth Court podcast
In the new episode of The Fifth Court, Dr Neil Maddox BL of Maynooth University discusses compulsory vaccination, and the extent to which people can refuse any medical treatment. Neil recommends the film, A Civil Action (1998) starring John Travolta, a …
Decisis | January 17, 2023
Ted Harding SC on The Fifth Court podcast
On the new episode of The Fifth Court, Ted Harding SC speaks to Peter Leonard and Mark Tottenham about his career in journalism, including his time as editor of The Sunday Business Post, and his transition to becoming a barrister, where he has acted in …
Decisis | January 10, 2023
Gemma McLoughlin Burke BL discusses work as a Judicial Assistant, on The Fifth Court podcast
On Episode 14 of The Fifth Court podcast, Gemma McLoughlin Burke BL speaks to presenters Mark Tottenham and Peter Leonard on her work as a Judicial Assistant. This is a relatively new role within the court system, and the interview should be of interes …
Decisis | January 5, 2023
Twelve years of Decisis.ie – 12,754 law reports
Decisis.ie started in January 2011, as ‘Stare Decisis Hibernia’. At that time, the superior courts of Ireland were producing judgments at a rate of about 650 per year, and there was no index to assist Irish lawyers or law students to find the authoriti …
Mark Tottenham | January 2, 2023
The Long Road to non-ratification of the EU-Canada Comprehensive Economic and Trade Agreement (CETA)
The EU-Canada Comprehensive Economic and Trade Agreement (“CETA”) was negotiated in 2014 and signed in 2016. Although it entered into force provisionally in September 2017, meaning that most of the agreement now applies, every national parliament (and …
Brendan Rooney BL | December 22, 2022
Criminal solicitor Frank Buttimer, on Episode 12 of The Fifth Court podcast
In the new episode of The Fifth Court podcast, Frank Buttimer discusses his career as a solicitor specialising in criminal law. He talks about some of his high-profile cases, including the application to surrender Ian Bailey to France under a European …
Decisis | December 21, 2022
Cork solicitor Flor McCarthy, on The Fifth Court podcast
The guest on the 11th episode of The Fifth Court podcast is Flor McCarthy, of McCarthy+Co solicitors, Clonakilty, Co Cork. He and Wexford solicitor Martin Lawlor have been instrumental in starting the ‘Solicitors Growth’ network of small and medium siz …
Decisis | December 13, 2022
Does evidence from a witness in the Witness Protection Programme abridge the rights of the accused? (Part 2 of 2)
A New Approach to the Witness Protection Programme As demonstrated in Part 1, Denham J (as she then was) took the view at para. 150 of DPP v Gilligan [2006] 1 IR 107 that no special rules of evidence apply to evidence given by witnesses in a Witness Pr …
Gregory Murphy BL | December 7, 2022
Ursula Kilkelly of UCC, on The Fifth Court podcast
In the new episode of The Fifth Court, Ursula Kilkelly speaks about her work as head of the UCC School of Business and Law, as well as children’s rights and the Oberstown Detention Centre. The following cases are also discussed: Costello v. Government …
Decisis | December 5, 2022
What is the Witness Protection Programme, and how is it viewed by the Irish Courts? (Part 1 of 2)
Introduction Ireland’s Witness Protection Programme (“WPP”; “the Programme”) has received a lot of renewed interest in recent weeks as Jonathon Dowdall will enter the WPP following his decision to give evidence as a State witness in the trial of Gerard …
Gregory Murphy BL | December 2, 2022
Sara Phelan SC, Chair of the Bar Council, on The Fifth Court podcast
This week’s guest on The Fifth Court is Sara Phelan SC, Chairperson of the Bar Council. She makes the following book recommendations: Philippe Sands, both East West Street, and The Last Colony. And recommends the film Twelve Angry Men. Also discussed a …
Decisis | November 29, 2022
Mr Justice Gerard Hogan on Erskine Childers’s trial, habeas corpus, and execution -The Fifth Court podcast
On the new episode of The Fifth Court, Gerard Hogan of the Supreme Court of Ireland discusses the case of Erskine Childers, the renowned author of the Riddle of the Sands, who ran guns for the Irish Volunteers on his ship, the Asgard, was secret …
Decisis | November 22, 2022
