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

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E70 The Fifth Court

Hosts Peter Leonard BL and Mark Tottenham BL entertain a most entertaining guest on this episode. Des Geraghty, a national figure for his work in the trade union movement, former president of SIPTU, one time MEP, a writer, musician and so much more (as you'll hear) joins our two interlocutors to discuss the most interesting cases ( as there were a number) involving the so-called Sinn Fein Funds. The conversation eventually gets to the London based Hurlingham private members club, founded in 1869, and how its history had a direct bearing on where those so-called 'Sinn Fein Funds' ended up. It will also be of interest to students of recent Irish history as to how Judge Kingsmill Moore traced back the Sinn Fein lineage. A bit of 'Who Do You Think You Are' on The Fifth Court.

Three cases from the Decisis legal casebook include;

• A case involving a collision at sea involving a trawler and a bulk carrier. One of them made 'foolhardy turn' according to the judge hearing the case.
• A second is a personal injuries case and the discovery of medical records. The judge decided he didn't want any fishing expeditions.
• The third case is yet another Isaac Wunder order where Mr. Justice Charles Meenan decided that the appellants had made scurrilous claims.
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With thanks to Clio Legal Software.

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

E69 The Fifth Court with Mark Tottenham BL and Peter Leonard BL

Liam Herrick, Executive Director of the Irish Council of Civil Liberties talks about the so-called 'Hate Speech' legislation and how difficult it can be to prosecute and enforce such laws. It's a very timely interview about some of the many complexities that could arise from such legislation, but also about the reasons that the legislation may be needed in the first place.

Liam also discusses his three years working as general adviser to Uachtarán na hÉireann, Michael D Higgins. Fascinatingly he asserts that the media and others are incorrect when they query whether the President's 'words' have been cleared by the Government. He says that such permission is simply not necessary and may be 'imagined by the commentariat'. He calls it an 'incredible misconception'. He also talks about when the President visited the UK.

And, as usual, our interlocutors discuss three recent cases drawn from the Decisis casebook including;

+ A challenge to a planning permission given to a windfarm. Judge Egan decided that the windfarm was too noisy.

+ A 'delay' case where little or nothing had proceeded in this case since 2009 but was in front of the courts again in 2023.

+ A case where a family in a 'Witness Protection Programme' were seeking new marriage certificates and birth certificates to confirm the family's new identity. However, it seems it's not that straightforward to get a new identity, and legislation may be needed.

As always, essential listening for practitioners, students and the curious public.

With thanks to Clio Legal Software

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