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
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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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