E73 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts

Part 2. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, the effect of an increase of the number of Supreme Court judges from 3 to 5, the 1937 Constitution ("not the creation of one man [De Valera]"), pushback to the creation of the Office of President, the great understanding of De Valera of constitutional law drafting, "the '37 Constitution was a very significant human rights document", the Constitution was a 'great success',

Plus three more recent important cases, drawn from the Decisis.ie casebook including

• An injunction successfully granted against a winding up petition against a business
• A Landlord and Tenant case about a claim of frustration of a lease due to Covid.
• A Personal Injuries case taken by a former pupil against his old school long after having left.

With thanks to Clio legal software

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

E72 The Fifth Court with @Mark Tottenham BL and @Peter Leonard BL were invited to attend a conference in Dublin Castle celebrating 100 years of Irish courts

Part 1. Our hosts interviewed Mr. Justice Gerard Hogan and Prof. Diarmaid Ferriter of UCD discussing the founding of the Irish courts system post British rule, how politicians had to 'tread softly' to keep some of the more conservative lawyers on side, how referrals to the British Privy Council were ended, and on a lighter note, whether Mr. Justice Hogan would have preferred to the Brehon Law type robes that had been mooted!

The two host also discuss three more cases from the Decisis.ie casebook

• The first case involved a non-compete clause where a senior staff member joined a rival company.
• The second High Court case is a Succession Acts case and a dispute involving three siblings and a question over signatures on disclaimers
• The third case is a Defamation action involving businessman Declan Ganley and news outlet CNN

With thanks to Clio Legal Software

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

Episode 71 The Fifth Court with Peter Leonard BL and Mark Tottenham BL

The Apple Tax Case

Will they, won't they? Should they, would they?

Questions, questions, questions about the now infamous 'Apple tax case' whereby some groups are hoping to make the Irish State accept more than €13bn in taxes they say are owed by the global iPhone maker. Meanwhile the Irish Government is hoping to avoid receiving this massive windfall!

It's a case without precedent in Ireland that has given its own windfall to the commentariat.

On this episode our hosts interview Dr. Charles Garavan, lawyer and tax expert, who is Assistant Professor at the Business Faculty at UCD. (BTW, he's also a 'memory man' that you'll learn more about on the podcast. Fascinating.).

The Apple case may be heading, slowly but finally, towards a conclusion. This interview is an 'Apple Tax 101' that will have you perfectly informed when discussing it with colleagues.

Charles' book choice is 'A Guide to the Good Life' by William B. Irvine

As always our two hosts also delve into three recent cases from the Decisis.ie casebook, including;

• A habeas corpus application where the judge ruled that a doctor had withheld relevant information
• A personal injuries case where an employee cut themselves whilst carrying trays. The judge in this case decided there was partial responsibility
• A case under a European Arrest Warrant where a Czech national was wanted for road traffic offences in his native country. The judge ordered him sent back.

With thanks to Clio legal software

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