The Bar of Ireland Podcasts

A reflective conversation with Tom Mallon BL, Peter Ward SC and Caroline Doyle BL, looking back at the previous decade in employment law ahead of the tenth annual conference of the Employment Bar Association. Hosted by Cathy McGrady BL and covering areas from the founding of the EBA to landmark legal reforms like the Zalewski decision, the episode explores how the EBA has impacted the employment law arena and continues to be a vital voice and resource for practitioners. With insights into upcoming conference sessions on remedies, international developments, and the development and future of the WRC, this episode will be of interest to anyone working in or curious about the future of employment law in Ireland. Book tickets for the EBA 10th Annual Conference on 14 November: https://ti.to/eba/ebaconf25?source=podcast

In the final instalment of the Family Law Podcast Series, Judge Marie Baker and Claire Collins SC tie together the threads of family law with a sharp look at the mechanics of jurisdiction and enforcement. Explored in this episode: the legal implications of living apart under one roof, the enforceability of oral settlements and the penalties that can arise from non-disclosure. This conclusion to the series also takes a look forward at how the complexity of family law continues to evolve, and the importance of upholding fairness and transparency. Episode Notes: RL v MR [2025] IEHC 340 https://www.courts.ie/view/judgments/e2a97ee7-da89-4048-862b-7ca22f880938/325defff-0b5f-4f03-8a60-93e350eac576/2025_IEHC_340.pdf/pdf R v N [2023] IEHC 748 https://www.courts.ie/acc/alfresco/a3199503-4424-4696-8651-2921f19e319d/2023_IEHC_748.pdf/pdf#view=fitH AA v BA [2014] IESC 49 https://www.courts.ie/acc/alfresco/75ec1328-af9c-4cdd-ac8a-f6f070981bc9/2014_IESC_49_1.pdf/pdf#view=fitH SN v PO’D [2009] IESC 21 https://www.courts.ie/acc/alfresco/9954f58c-af32-4c59-88bc-750c61402d14/2009_IESC_61_1.pdf/pdf#view=fitH CCK v SLK [2024] IEHC 492 https://www.courts.ie/search/judgments/%22%20type%3AJudgment%22%20AND%20%22filter%3Aalfresco_radio.title%22%20AND%20%22filter%3Aalfresco_NeutralCitation.2024%20%20IEHC%20492%22 CP v RP [2025] IEHC 332 https://www.courts.ie/acc/alfresco/c471cc65-bb12-4e28-9e0a-b98ec98ca606/2025_IEHC_332.pdf/pdf#view=fitH DF v CK [2025] IEHC 343 https://www.courts.ie/acc/alfresco/13089ced-8215-42aa-9dd6-5efd5b08ff32/2025_IEHC_343.pdf/pdf#view=fitH Disclaimer: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in divorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.

In the penultimate episode of this series, Judge Baker and Claire Collins SC review a series of Circuit Court appeals, showcasing how judges apply family law principles in cases with modest assets. Topics discussed include personal injury awards, non-disclosure, nesting arrangements, deferred sales, and equitable asset division. How can judges exercise creativity in these cases - and how can this affect the real-life impact on separating families? Episode Notes: C.C.K. v. S.L.K Jackson J., 8 July, (2024)IEHC 492 https://www.courts.ie/acc/alfresco/bc9ab65f-2ed2-4d3c-9878-53568df6d4a4/2024_IEHC_492.pdf/pdf#view=fitH M v. N Jackson J., 23 November, 2023 , 2023 IEHC 759 https://www.courts.ie/acc/alfresco/bc9ab65f-2ed2-4d3c-9878-53568df6d4a4/2024_IEHC_492.pdf/pdf#view=fitH F.F. v. S.B. Jackson J., 25 November, 2024 2024 IEHC 745 https://www.courts.ie/acc/alfresco/b52a8ca6-417a-43ca-ab9e-d8a85fe3130c/2024_IEHC_745.pdf/pdf#view=fitH K.B. v. R.B Jackson J. 18 June 2025, [2025] IEHC 342 https://www.courts.ie/acc/alfresco/317668d2-4e54-4315-ad15-2291793319f4/2025_IEHC_342.pdf/pdf#view=fitH E. v. N Jordan J., 2025 IEHC 323, 7 May 2025 https://www.courts.ie/acc/alfresco/b57b0ad4-b0b5-415d-8f3a-3726b04738c8/2025_IEHC_323.pdf/pdf#view=fitH Disclaimer: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in diviorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.

What impact do lifestyle choices have on maintenance awards? In episode 4 of the Family Law Series, Judge Baker and Claire Collins explore recent High Court judgments on child and spousal maintenance and outline how the decisions were reached in a series of very interesting cases. Episode Notes: KL v NÍ Chondúin [2015] IEHC 617 https://www.courts.ie/acc/alfresco/b62923f0-02bc-446d-9b36-fb88ad6fdee2/2015_IEHC_617_1.pdf/pdf#view=fitH F v D [2024] IEHC 628 https://www.courts.ie/view/judgments/7ecd3c79-8ac8-4586-9db6-dbd04eb45b2c/cbe2bb0e-58ae-4329-a1b0-4628542d3326/2024_IEHC_628.pdf/pdf LJ v PE [2024] IEHC 181 https://www.courts.ie/acc/alfresco/c8aee4b8-a9eb-4e37-baae-848282bd8fb1/2024_IEHC_181.pdf/pdf#view=fitH BS v SR [2024] IEHC 736 https://ww2.courts.ie/view/Judgments/54ad9a19-a41f-490b-9475-c4ad1e00fbbd/d901df40-f8a6-4a92-b862-354ac9de9161/2024_IEHC_736.pdf/pdf RJ v EK [2024] IEHC 185 https://www.courts.ie/acc/alfresco/e4a6efae-7589-477c-a4fd-0b9d14c3353d/2024_IEHC_185.pdf/pdf#view=fitH O v G [2024] IEHC 117 https://ww2.courts.ie/view/Judgments/47ba6f4b-7032-4a7f-b2be-51f13a768742/985cb305-a5e8-4d38-b796-33378e3950be/2024_IEHC_117.pdf/pdf P v C [2024] IEHC 68 https://ww2.courts.ie/acc/alfresco/2246cd94-e22f-44a9-bda3-fa1c76720561/2024_IEHC_68.pdf/pdf#view=fitH Note: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in divorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.

Spousal maintenance take centre stage in this episode which analyses Judge Whelan’s 2021 Court of Appeal judgment. This week, Judge Baker and Claire Collins SC break down the nuanced considerations around limited-term maintenance orders, the burden of proof for future earning capacity, and the constitutional recognition of homemakers. ___ N.O. v P.Q. [2021] IECA 177 https://www2.courts.ie/acc/alfresco/ed263e66-9a1f-46d3-b1f9-8faa8f20b036/2021_IECA_177%20(Unapproved).pdf/pdf#view=fitH Note: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in divorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.

Judge Marie Baker and Claire Collins SC explore the key concept of “proper provision” in Irish divorce law - the test that Family Law Courts must apply in the context of divorce or judicial separation. Drawing on recent appellate decisions, they examine how courts assess financial fairness between spouses, and how the use of the term 'fairness' has evolved in judgments over the years. --- A v. A [2025] IECA 9 NQ v. PQ [2021] IECA 177 T v. T [2002] IESC 65 Note: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in diviorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.

Judge Marie Baker and Claire Collins SC open the series by looking at the historical and constitutional evolution of divorce law in Ireland. Marking the 30th anniversary of the 1995 referendum, they trace the legal journey from the 1937 constitutional ban on divorce to the eventual introduction of judicial separation and divorce legislation. The episode explores the vulnerability of married women under early laws, such as a lack of succession rights and property protections, followed by a discussion of the piecemeal legislative reforms of the 1960s–1980s. They also look back at the failed 1986 referendum, the societal concerns about spousal and child welfare, and how the prohibition on divorce came to be lifted after the extremely close 1995 referendum. --- Dail Debates Vol. 456 No. 1 Col. 216 (27th September, 1995) Deputy Bree. “We have legal remedies equivalent to divorce in every respect except one which is the right to re-marry”. Report of the Informal Committee on the Constitution, December 1967 PR9817. The Report of the Joint Oireachtas Committee on Marriage Breakdown, (Dublin: Stationery Office, 1985) PI 3074. Law Reform Commission on Divorce a mensa et thoro and related matters LRC 8-1983 https://www.lawreform.ie/_fileupload/Reports/rDivorceAMensaetThoro.pdf The text of the tenth amendment of the Constitution Bill 1986 proposed that Article 41.3.2 be replaced with the following:- “Where and only where such Court established under this Constitution as may be prescribed by law is satisfied that:- (i) A marriage has failed. (ii) The failure has continued for a period of or periods amounting to, at least five years. (iii) That there is no reasonable possibility of reconciliation between the parties to the marriage and (iv) Any other conditions prescribed by law have been complied with, the Court may in accordance with law grant a dissolution of the marriage provided that the Court is satisfied that adequate and proper provision having regard to the circumstances will be made for any dependent spouse and for any child who is dependent on either spouse.” Marital Breakdown: A Review and Proposed Changes White Paper (Dublin: Stationary Office, 1992). Note: The presenters are not offering or seeking to offer legal advice or assistance. Their aim is to explain some new cases which elucidate the constitutional and legal principles in diviorce and judicial separation. Any person who is affected by any of the issues raised, or the examples used, should consult with a solicitor.

Introducing our new Family Law podcast series hosted by Ms Justice Marie Baker and Claire Collins SC. This timely and hugely informative 6-part series will explore interesting cases and precedents in Irish family law, across the Superior Courts - with topics covering divorce, spousal maintenance, asset division and more. This series will be of interest to practitioners, those in public policy and a wider audience; gaining insight into how the law applies to the most sensitive aspects of social and family life. Subscribe now wherever you get your podcasts, to ensure you don’t miss our first episode, on 18th September.

In this episode are sharing a lecture delivered earlier this year by renouned international lawyer, professor and author, Philippe Sands KC. The lecture – on the theme of impunity – forms the latest instalment of the Daniel O’Connell Memorial Lecture Series. 2025 marks 250 years since the birth of Daniel O’Connell, the Irish nationalist leader and barrister, known in his time as ‘the liberator’. The Bar of Ireland are delighted to partner with Trinity Long Room Hub for a two day symposium on 29th and 30th July at Trinity College Dublin. The O’Connell 250 symposium is free to attend and will bring together leading historians, human rights experts, public figures and members of the Bar, to explore O’Connell’s life and global legacy, while also discussing challenges to human rights today, threats to democracy, and the lessons we can learn from a study of the Liberator. The conference is organised by the Trinity Long Room Hub in partnership with The Bar of Ireland and Diageo, and in association with the School of Histories and Humanities, Glasnevin Cemetery (part of Dublin Cemeteries Trust), and the Daniel O'Connell Summer School (29-30 August). Supported by the Department of Culture, Communications and Sport and the Government of Ireland. Admission is free. To register for any or all of the sessions, please click the link or copy and paste into your browser. https://www.eventbrite.ie/e/oconnell-250-symposium-tickets-1383923655909?aff=oddtdtcreator

In this episode, we are sharing a lecture delivered in 2016 by Paul Gallagher senior counsel on the life of Daniel O’Connell, which formed part of the green street lecture series with an introduction by The Hon. Mr. Justice David Barniville. 2025 marks 250 years since the birth of Daniel O’Connell, the Irish nationalist leader and barrister, known in his time as ‘the liberator’. The Bar of Ireland are delighted to partner with Trinity Long Room Hub for a two day symposium on 29th and 30th July at Trinity College Dublin. The O’Connell 250 symposium is free to attend and will bring together leading historians, human rights experts, public figures and members of the Bar, to explore O’Connell’s life and global legacy, while also discussing challenges to human rights today, threats to democracy, and the lessons we can learn from a study of the Liberator. The conference is organised by the Trinity Long Room Hub in partnership with The Bar of Ireland and Diageo, and in association with the School of Histories and Humanities, Glasnevin Cemetery (part of Dublin Cemeteries Trust), and the Daniel O'Connell Summer School (29-30 August). Supported by the Department of Culture, Communications and Sport and the Government of Ireland. Admission is free. To register for any or all of the sessions, please click the link or copy and paste into your browser. https://www.eventbrite.ie/e/oconnell-250-symposium-tickets-1383923655909?aff=oddtdtcreator Picture: Daniel O’Connell by Bernard Mulrenin, Public domain, via Wikimedia Commons

Ciaran Ramsay SC and Dearbhla Cunningham BL break down the latest on the Susquehanna case, which has significant implications for US LLCs and Irish subsidiaries. For more from the Tax Bar Association, visit www.taxbar.ie

Director of the League of Ireland Mark Scanlon sits down with barristers Neal Horgan and Aaron Shearer for a conversation on all things Irish Football. Their wide-ranging conversation covers the challenges and opportunities faced as the league continues to grow, and the ambitions of the FAI for the game in the future. For more on the Sports Law Bar Association – a specialist group of barristers with expert sports law knowledge – visit www.slba.ie

The third instalment of the VAS series looks at the pro bono work required to assist the victims of historic injustice. Diarmuid Brecknell from Phoenix Law Solicitors and Andrew McKeown BL talk to us about Inquests, Inquiries and Campaigns and the intense yet rewarding work required to assist victims. For more on the Voluntary Assistance Scheme, visit lawlibrary.ie/vas

Gráinne Duggan SC and James Burke BL discuss a landmark ruling with important implications for tax professionals and corporate advisors. The Court of Appeal has delivered a pivotal decision in The Revenue Commissioners v. Covidien Limited. The judgment offers essential clarification on the criteria for VAT deductibility under EU law, overturning previous rulings by both the Tax Appeals Commission and the High Court. Central to the decision is a reaffirmation of the stringent interpretation of the “used for” test outlined in Article 168 of the Principal VAT Directive. Read the judgement in full here: https://tinyurl.com/2ar3k2et Book your place for the upcoming Tax Bar and Sports Law Bar Association event on Tuesday 29 April 2025: https://ti.to/BarofIreland/slbatba29april?source=web

Sa chlár speisialta seo, labhraíonn John Freeman le Siobhán Ní Chúlacháin, Niall Ó hUiginn agus Méabh Smyth faoi imeachtaí atá á n-eagrú ag Cumann Barra na Gaeilge, agus go hairithe faoin gComhdháil speisialta atá ar siúl i bPáras ar an 12 agus 13 Meitheamh. In this special episode, John Freeman BL speaks to Siobhán Ní Chúlacháin, Niall Ó hUiginn BL and Méabh Smyth BL on upcoming events from Cumann Barra na Gaeilge, in particular the Conference taking place in Paris on 12th and 13th June.

Join barrister Aoife McNickle BL as she sits down with Ireland’s only court artist, Mike O'Donnell. From high-profile trials to sketching history in the making, Mike shares the unique challenges and the process of his one-of-a-kind career in the courtroom. His exhibition PrimaFacie, opens the 1st of May in Distillery Building, Dublin 7 and runs until May 15th.

Hugh Mohan SC and Brendan Lenihan, Managing Director of Navigo Consulting join Cathy Smith SC for a wide-ranging discussion on the practical aspects of mediating disputes that arise both within and between businesses. Brendan and Hugh offer fascinating insights from their respective business and legal backgrounds, touching on some of the common and unexpected aspects of the mediation process, the benefits and challenges, as well as why there is a growing adoption of mediation in the business community.

In this episode, James Rooney BL and Cillian Bracken BL join Gemma McLoughlin-Burke BL and Dearbhla Shirt to speak to about their voluntary work and more specifically their role in running the LGBTQI+ legal clinic with FLAC. James and Cillian cover legal issues regularly faced by the LGBTQI+ community - including parenthood of children and gender-affirming healthcare and legal documentation - and the other pro bono legal work they participate in.

From Rory Gallagher to Winnie the Pooh - Martin Bradley BL gives John O'Donnell SC a whistlestop tour of some of the case studies from his book on Art and Cultural Heritage Law, covering areas such as the repatriation of cultural artefacts, copyright ownership, and the true meaning of "GLAM". Martin's book, "Art and Cultural Heritage Law: A Practical Guide" is available from Clarus Press: https://www.claruspress.ie/shop/art-and-cultural-heritage-law-a-practical-guide/ Clips used: 1. Helen Mirren on Art Restitution, C-SPAN, 7 June 2016. Credit: C-SPAN 2.The Mini of Adventures of Winnie the Pooh: Pooh and Gopher, 12 October 2011. Credit: Walt Disney Animation Studios 3. Rory Gallaghers 1961 Stratocaster valued at £1m, 11 July 2024. Credit: RTÉ

In the first episode of the Voluntary Assistance Scheme (VAS) Podcast Series, Lewis Mooney BL and Seán Beatty BL join Gemma McLoughlin Burke BL and Dearbhla Shirt to discuss the various Bar Fellowships & Volunteering Opportunities available to barristers. From pro bono work to structured fellowship programs, they explore how members of the Bar can contribute their skills to support access to justice and make a real impact.