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.

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.

The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook

Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:

• Síofra O’Leary, former President of the European Court of Human Rights

• Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights

This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.

Decisis Casebook segment:

Three further Irish decisions are discussed:

1. DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction
2. E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes
3. Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred

Presented by Peter Leonard BL and Mark Tottenham BL.

Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners.

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

The Fifth Court – Part 1: Ireland and the European Court of Human Rights

Part 1 of a two-part Fifth Court interview with two of Ireland’s most distinguished jurists on the international stage.

Síofra O’Leary, former President of the European Court of Human Rights, and Úna Ní Raifeartaigh, Ireland’s current judge at the Court, discuss judicial life in Strasbourg, multilingual decision-making, and the reality of adjudicating across Europe’s legal systems.

Plus hosts Mark Tottenham BL and Peter Leonard BL discuss three more cases from the Decisis Casebook

Three recent Irish decisions are discussed, including

1. Enforcement of a Danish arbitral award, with late-stage objections refused
2. Judicial review refused of a decision not to transfer a prisoner to an open prison
3. Security for costs refused where the plaintiff’s lack of means was linked to the defendant’s alleged wrongdoing regarding a property resale

The Decisis Casebook sponsor is Charltons Solicitors and Collaborative Practitioners of Dun Laoghaire, Co. Dublin. We thank them for their support.

Part 2 follows next week.

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