The Mobility of Irish – but not British – Lawyers in the European Union
The growing demand for cross-border legal services across the European Union (“the EU”) makes it easier for lawyers to envisage a career beyond national borders. The preferred destination for EU-qualified lawyers is Belgium (where most of the EU instit …
Brendan Rooney BL | November 17, 2022
Courts in the electronic age: Gerard Groarke BL and Stephen Dowling SC
The guests in this week’s episode of The Fifth Court podcast are Gerard Groarke BL and Stephen Dowling SC. Each of them has taken steps to bring the legal profession kicking and screaming into the electronic age. Gerard with his Paperless Academy initi …
Decisis | November 15, 2022
Difficulties with the Proposed Mother and Baby Homes Redress Scheme
This short piece attempts to synopsize the difficulties present in the Mother and Baby Institutions Payment Scheme Bill 2022 which is currently making its way through the Oireachtas. By way of background, when the Final Report of the Mother and Baby Ho …
Sean Beatty BL | November 14, 2022
Colm O’Dwyer SC, on The Fifth Court podcast
In this weeks episode of The Fifth Court podcast, Colm O’Dwyer SC talks about his work in the area of asylum and immigration, his background in student politics in the 1990s, the changes in the Irish immigration landscape, and his treading the boards w …
Decisis | November 8, 2022
Katherine McGillicuddy BL on The Fifth Court podcast
The guest on this week’s episode of The Fifth Court podcast is criminal law barrister, Katherine McGillicuddy. She speaks about witness protection, the continuing low rates of pay under the criminal law scheme, and the work of the Special Criminal Cour …
Decisis | October 31, 2022
The Fifth Court podcast – Keith Walsh, family law solicitor
The guest on this week’s episode of The Fifth Court podcast is Keith Walsh, solicitor, who discusses various issues relating to family law, including: the ‘in camera’ rule, and whether it is fit for purpose; whether the guidelines for proper provision …
Decisis | October 25, 2022
How did the Central Bank’s enforcement regime go from “walk softly and carry no stick” to “walk softly but carry a big stick”: Part 2
Introduction The enforcement regime was completely overhauled after the financial crisis due to the recognition that although sufficient tools existed to enforce principles-based regulation, the reluctance to use those tools led to financial instituti …
Lawrence Morris BL | October 20, 2022
How did the Central Bank’s enforcement regime go from “walk softly and carry no stick” to “walk softly but carry a big stick”: Part 1
Introduction In light of a series of very successful enforcement actions, most notably the staggering €100,520,000.00 fine imposed against the Governor and Company of the Bank of Ireland on 29 September 2022, it is worth considering how did we get to t …
Lawrence Morris BL | October 20, 2022
The Fifth Court podcast – interview with Simon Mills SC
In the new episode of the Fifth Court Podcast, Simon Mills SC discusses his transition from medical doctor to barrister, some current issues in medical negligence, and the challenges of defending professionals subject to regulatory action. He also reco …
Decisis | October 17, 2022
The Fifth Court podcast – interview with Karyn Harty of Dentons
In Episode 2 of The Fifth Court podcast, Karyn Harty speaks about her move to Dentons, the world’s largest law firm, which has opened a Dublin office. She also talks about the ‘Ireland for Law’ initiative, and the need to diversify law firms. The podca …
Mark Tottenham | October 11, 2022
The Fifth Court podcast – interview with Mr Justice Gerard Hogan
A new podcast, The Fifth Court, has been launched, to cover Irish legal issues. Presented by Peter Leonard BL and Mark Tottenham BL (editor of Decisis), the guest for the first episode is Mr Justice Gerard Hogan of the Supreme Court of Ireland. October …
Decisis | October 4, 2022
Should expert witnesses have a right of reply from findings of judges?
(This article was originally published in the Expert Witness Journal, (UK) April 2021) Expert evidence has increasingly been under the spotlight in case law over the past ten years. The courts are rightly concerned to uphold the best evidential standa …
Mark Tottenham BL | June 5, 2022
End of court presenter system will cause disruption to prosecutions in the District Court
In criminal prosecutions, the District Court has a longstanding system of court presenters, in which an officer of An Garda Síochána not directly involved in the case has a right of audience and can present the facts of the case where the defendant has …
Heather Furlong BL | June 2, 2022
Invoking ‘Universal Jurisdiction’ for the prosecution of Crimes Against Humanity
Introduction In January of this year, a German court found Anwar Raslan guilty of crimes against humanity. Raslan ran an infamous detention centre close to Damascus, Syria’s capital. This was a landmark trial for several reasons. The Court saw and h …
Louis Golden BL | March 10, 2022
The Irish Family Courts in the Context of ‘Proper Provision’ – Judicial Latitude, or Judicial Law Making?
Introduction ‘The proper rule of the judiciary is one of interpreting and applying the law, not making it.’ Not only are the above words of Justice Sandra Day-O’Conner, former Associate Justice of the US Supreme Court, an axiomatic aspect of legality, …
Daniel DeRenda BL | March 3, 2022
Memorable Opening and Closing Paragraphs of Irish judgments: Part 2
Introduction Part 1 of this article (found here) provided a flavour of the many memorable opening and closing paragraphs of Irish judgments. The aim of Part 2 is to continue sharing these judgments, which are steeped in Irish legal history and many of …
Lawrence Morris BL | February 18, 2022
Memorable Opening and Closing Paragraphs of Irish judgments: Part 1
Introduction Written judgments are widely perceived to be boring, inaccessible and difficult to understand. If one was to hazard a guess, such a presumption originates from the fact that they are filled with all types of legalese and jargon, which are …
Lawrence Morris BL | February 17, 2022
EU Law and the Doctrine of Supremacy in Poland
Introduction It has long been established that European Union Law takes precedence over the national law of Member States and that domestic courts must enforce the former where a conflict arises. This doctrine of supremacy forms the backbone of the law …
Louis Golden BL | February 8, 2022
The Lawyer who Cross-Examined Hitler: A Profile of Hans Litten
Background In 1943, Dorothy Hamilton Stepler wrote: “Ten years ago there was still time to have kept the German state legal and constitutional. Ten years ago German law, though becoming weaker and weaker, was still an objective guardian of the citizens …
Sean Beatty BL | January 27, 2022
The Bar, Fake Cases, and a Karate Chop
The Naming of the Bar When we speak of “the Bar” it is understood as the entire body of practising barristers. But where did the term come from? It turns out it derives from the physical barriers in old courtrooms. Just like today, English courts we …
Sean Beatty BL | January 19, 2022
