Episode 129 The Fifth Court

Elizabeth Winkler is an acclaimed literary critic and investigative journalist whose work spans some of the world’s most respected publications. She chats to Mark Tottenham BL on this episode of the Law Society of Ireland Award Winning Podcast.

A graduate of Princeton with a master’s in English literature from Stanford, Elizabeth has built a reputation for fearless, insightful storytelling that challenges received wisdom.

In her book Shakespeare Was a Woman and Other Heresies she dives into one of literature’s most incendiary debates—the authorship of Shakespeare—and explores how the controversy reflects wider questions about authority, identity, and who gets to shape history. It's a subject that has intrigued judges and lawyers for centuries. With wit and intellectual rigour, Winkler invites you to question long-held assumptions, making her a captivating guest for any conversation about literature, law, and the power of ideas.

Her cultural recommendation is 'The Third Reich of Dreams: The Nightmares of a Nation' written by Charlotte Beradt

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• A case about wills and probate...two wills followed by a codicil that refers to an earlier will. Legal arguments followed.
• A medical negligence case. A claim that a maternity hospital was negligent in the treatment of a patient.
• A party to a settlement wasn't happy with her legal team.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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

E128 The Fifth Court – Drawing the Line: The Story of the Irish Boundary Commission

Dr. Cormac Moore – an historian with Dublin City Council’s Historian-in-Residence programme and author of Birth of the Border: The Impact of Partition in Ireland. He is a recognised authority on the politics, personalities, and legal frameworks surrounding the Irish border.

It was meant to settle the border between North and South once and for all. Instead, it nearly collapsed the Irish Free State government. On this episode of The Fifth Court, barristers Peter Leonard and Mark Tottenham are joined by historian Dr. Cormac Moore, who explains the secretive, scandal-ridden tale of the Irish Boundary Commission of 1924–25—a political time bomb buried in the Anglo-Irish Treaty.

From leaked maps to aborted transfers of land, Dr. Moore lays out how the Commission’s quietly explosive findings were suppressed, how the Free State’s hopes were dashed, and why the whole affair continues to echo in Irish constitutional law and cross-border politics today.

Cormac's cultural reference...a movie 'The Treaty' on YouTube, and he also loves 'Amadeus', the movie.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• An AI case...artificial insemination that is. A case about bull semen and a woman who, it was claimed, was acting as though she were a vet. The Veterinary Council of Ireland got involved.
• A defamation case where the wrong person was identified as having been on the tax defaulters list. Qualified privilege did not arise.
• A case involving a medical practitioner who it was said about him, had a persistent delusional disorder. The Medical Council was on one side.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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

On Episode 127 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Matthew Holmes BL, author of Habeas Corpus: Practice and Procedure. (This is his sixth book!). They delve into the historical roots, practical applications, and enduring importance of habeas corpus in modern Irish law. Everything you need to know in 30 minutes (but you'll still want to buy the book!). He makes mention of a very special case involving the people of Laois. If you're from Laois, or know people from the county, you will have to listen to this, and have a good chuckle.

Matthew's culture recommendation is 'D-Day - The Battle for Normandy' by Antony Beevor. His movie choice is 28 Years Later.

Before that, they examine notable recent court decisions featured on Decisis.ie including:

• Ward V DPP re the validity of a certificate by Forensics Science Ireland
• A case involving a question around a land dispute, and a deposit and whether they got the deposit back?
• A case involving Starbuck franchise directors and their failure to pay rent.

offering expert insight into the evolving Irish legal landscape.

Whether you're in practice or just passionate about the law, this episode is a must-listen for its clarity, depth, and practical relevance.

Sponsored by Charltons Solicitors and Collaborative Practitioners – family law with a collaborative approach.

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