Your Reputation on Trial — And Why the Rules Are Changing

This is not just another legal interview. This is a story about growing up under armed protection, about a father who became the last Law Lord in the UK, and about a legal system that is about to change in a very big way.

John Kerr — barrister, defamation specialist, and colleague — joins us to talk about:

• What it was like living through the Troubles with security at the front gate
• Why his father became the “Great Dissenter” in the UK Supreme Court
• The truth about defamation cases — and why juries may be scrapped
• And what happens when your reputation becomes your livelihood

Plus:

Three fascinating Decisis cases including dead-person defamation, missing expert witnesses, and multi-million euro stud fees. Decisis is brought to you thanks to Charltons Solicitors and Collaborative Practitioners.

defamation law Ireland, jury trials Ireland, Brian Kerr judge, UK Supreme Court law lords, Irish barristers, Paul Tweed defamation, legal podcast Ireland, Fifth Court podcast, Irish courts cases, Decisis cases Ireland, John Kerr barrister, freedom of expression law

TIMELINE

00:00 Intro + Decisis sponsor mention

02:00 Defamation after death — can you sue?

05:15 Lost expert witness — trial goes ahead anyway

08:30 Coolmore stud fees — big money, no excuses

12:00 John Kerr — defamation specialist

14:00 Growing up in Northern Ireland during the Troubles

17:00 Armed guards, relocation, and real risk

20:00 The career of Lord Kerr — last Law Lord

25:00 The “Great Dissenter” — why minority judgments matter

30:00 From solicitor to barrister — taking the leap

34:00 Defamation reform — are juries finished?

40:00 Big awards, big problems — reality vs headlines

47:00 International defamation and celebrity cases

50:00 Book & film recommendations

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The "referee" of Irish politics: Verona Murphy on power, pressure and running the Dáil

What actually happens when you’re handed the whistle in Irish politics?

On Episode 145 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL travel to Leinster House to sit down with Verona Murphy, Ceann Comhairle — the referee of the Dáil.

This is not a standard political career story.

From leaving home at 14, school at 15…to a period of homelessness… to driving trucks across Europe with ABBA blasting…to running a haulage company…to qualifying in law… to becoming Ceann Comhairle.

Inside this conversation:

• What the Ceann Comhairle actually does (it’s far, far bigger than you think)
• Why the job is effectively 24/7
• How legislation really moves (or doesn’t) inside the Dáil
• The reality of managing conflict, egos and political theatre
• Why many TDs don’t understand the system they operate in
• The truth about independence in Irish politics

Plus:

• Brexit through the eyes of the haulage industry
• Why respect (or lack of it) is crippling key sectors
• And the surprising power behind “standing orders”

Decisis Case Round-Up (with thanks to our sponsor)

This episode includes analysis of three recent decisions, brought to you by Charltons Solicitors & Collaborative Practitioners, Georges Street, Dún Laoghaire — specialists in family law, civil litigation, property, wills and probate.

Cases discussed:

1. Student A v Trinity College Dublin

Can you stay anonymous if accused of academic misconduct?

The High Court says: almost never.

2. Hegarty & Others v Revenue Commissioners

Revenue loses — because “tax avoidance” isn’t enough if there’s a real commercial reason.

3. G v G (Child Abduction Case)

A 22-month-old taken from the US to Ireland — and the court orders the child back.

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Because law — like politics — only makes sense when someone explains it properly.

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Episode 144 – Mr Justice Brian Cregan, Judge of the High Court | Parnell, leadership, and the law

In this very special episode of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Mr Justice Brian Cregan, Judge of the High Court, to discuss his book Parnell: A Novel and the legal, political, and historical legacy of Charles Stewart Parnell.

Drawing on extensive original research, Mr Justice Cregan explores Parnell’s emergence as a political leader, his use of parliamentary obstruction, and the legal dramas that shaped his career — including the Special Commission and the O’Shea divorce proceedings.

The discussion also addresses a striking historical assessment: whether Parnell’s political impact surpassed that of Daniel O’Connell, and what this means for how Irish history is understood.

The episode includes detailed analysis of landmark legal moments, including the cross-examination of Richard Pigott — widely regarded as one of the most significant in legal history.

With thanks to Charlton Solicitors & Collaborative Practitioners, sponsors of the Decisis law reports segment.

This week’s cases include:

• Pizzarchi v Kepak Cork Unlimited Company – renewal of a lapsed personal injury summons refused due to deliberate inaction
• DPP v Murray – Court of Appeal upholds cumulative sentence for harassment of legal professionals and victim
• Eastwood v Richards – presumption of revocation does not arise where will remained in solicitor’s custody

• 00:05:54 – Introduction to Mr Justice Brian Cregan
• 00:23:05 – Parliamentary obstruction and the mechanics of power
• 00:31:42 – The Pigott cross-examination and the Special Commission
• 00:37:20 – The O’Shea divorce proceedings and political consequences
• 00:42:56 – Parnell and O’Connell compared

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Máirín De Búrca is in front of the courts again | The Fifth Court

There are some names that belong in the footnotes of Irish history. Máirín De Búrca belongs in the headlines.

In this very special episode of The Fifth Court, Peter Leonard and Mark Tottenham visit Máirín at home to talk about a life that took her from Chicago and Newbridge to housing protests, anti-apartheid activism, women’s liberation, prison, and one of the most important constitutional cases of the 1970s.

Yes, Máirín De Búrca is in front of the courts again.

This time she faces The Fifth Court where she tells the story behind the famous De Búrca and Anderson case, the challenge that exposed the absurdity of all-male, property-owning juries and helped change Irish law for good.

This is a warm, funny, vivid and deeply important conversation about activism, law, protest, courage and a very different Ireland.

Also in this episode, in the Decisis case round-up, Mark and Peter discuss three striking recent decisions:

Kelly v An Bord Pleanála, where approval for a bus stop outside a home was quashed over privacy and safety concerns;

Q v O, an interim access case involving a non-parent in a same-sex family despite the absence of a professional report on the child’s wishes;

and In Re Tusker Property Holdings, where reckless and fraudulent trading led to personal liability, disqualification and costs orders.

The Decisis section is proudly sponsored by Charlton Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.

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The Barrister Who Quit Law To Handicap Racehorses

What kind of person leaves the Law Library… and ends up becoming one of the most quietly powerful men in Irish racing?

Gary O’Gorman, that’s who.

ON Episode 142 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL meet the former barrister who swapped devilling and district courts for parade rings, pedigrees, handicap marks and the dark arts of Irish flat racing.

This is law with a glorious smell of turf, horse sweat and mild institutional mischief.

Gary explains:

• how he went from Trinity, King’s Inns and the Law Library into racing
• what a handicapper actually does
• how trainers try to outfox the system
• why only one horse can win, but 11 people can still blame the handicapper
• how Ireland became a global bloodstock superpower
• why racehorses, judges, barristers and forum shopping all belong in the same conversation
• 
  

There is also talk of Phoenix Park Racecourse, Cheltenham, black type, appeals, legal gossip, and the delicious reality that in racing, some people are scandalised by a coup while secretly admiring it.

This is not one of your solemn legal episodes.

This is The Fifth Court going full gallop.

Decisis

The Decisis case notes on this week’s episode are supported by Charlton Solicitors and Collaborative Practitioners, George’s Street, Dún Laoghaire.

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Advocacy, Independence and the Modern Bar — Mr. Justice David Nolan | The Fifth Court EP 141

On Episode 141 of The Fifth Court, hosts Mark Tottenham BL and Peter Leonard BL are honoured to be joined by Mr. Justice David Nolan of the High Court.

A former Chair of the Bar Council and long-standing advocate, Mr. Justice Nolan reflects on:

• The evolution of advocacy in Irish courts

• The importance of structured submissions

• The independence of the Bar

• International advocacy training and the Keble College model

• The transition from advocate to judge

This episode’s case review is supported by Charlton Solicitors & Collaborative Practitioners, specialists in family law, civil litigation, property, wills and probate.

Cases discussed:

• DPP v Canavan — Common design and murder conviction appeal
• GG v HI — Maintenance arrears and post-divorce property orders
• Probate challenge (Court of Appeal) — Standing in will disputes

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Expert evidence under pressure – Eavanna FitzGerald on changing court culture | Episode 140

On Episode 140 of The Fifth Court, Peter Leonard BL and Mark Tottenham BL examine a quiet but significant shift in Irish litigation: expert witnesses are now under real judicial scrutiny.

Eavanna FitzGerald joins the show to explain why the traditional word-of-mouth system for sourcing experts is failing practitioners, and how courts are increasingly testing expert independence, competence and compliance with duties.

The episode also covers three Decisis.ie cases:

• Gorman v Lynch – proprietary / promissory estoppel claim against an estate dismissed as time-barred

• Minister for Justice v Balgova – European Arrest Warrant and strict approach to equivalence

• Pepper Finance DAC v O’Reilly – possession proceedings remitted due to insufficient proof of debt transfer

Sponsored by Charlton Solicitors and Collaborative Practitioners.

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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.

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