Law on Trial

Welcome to the podcast series from the Business Post on legal affairs in Ireland and beyond. In this series Catherine Sanz, legal correspondent of the Business Post, shines a light on legal topics and court cases, as well as offering interviews with high profile figures from the legal world.

The Law’s Got Talent

In a special episode of Law on Trial, the hosts discuss whether the law and the arts are complementary passions. Guests include Mr Justice Cian Ferriter, a poet, John O’Donnell SC, a writer, and barrister Seána Davey, a professional harpist.

02-06
53:14

Surveying our solicitors

Surveying our solicitors In the latest episode of Law on Trial, Mark Garrett, director general of the Law Society of Ireland, discusses the key findings in a recent survey of more than 2,200 solicitors and what the representative body is doing to tackle challenges faced by the profession.  Hosts Catherine Sanz and James McDermott also chat to Éamonn Conlon SC, a solicitor, arbitrator, and mediator, about alternative dispute resolution and why it is increasingly becoming a solution for businesses.  The hosts also discuss some interesting legal stories in the news and chat about lawyer-focused gift ideas.

12-18
48:08

Two Views from the Bench

In this episode of Law on Trial, Catherine Sanz and barrister James McDermott speak with John MacMenamin, a retired Supreme Court judge, about his career on the bench, rule of law, and the challenges faced by young lawyers.    The podcast also features an interview with Patricia Lucas, a retired judge of the Superior Court of California in Santa Clara County, about unique aspects of the legal system in her state, such as a salary-tied 90-day time limit on delivering judgments.  The hosts also discuss some interesting legal stories in the news, including how judgments are getting longer, paying a $20,000 settlement in coins, and a new musical based on Gwyneth Paltrow's high-profile ski trial.

11-21
42:42

White collar crime and the Irish FBI

In this episode of Law on Trial, Catherine Sanz and barrister James McDermott speak with Michael Dillon, director of legal at the Corporate Enforcement Authority (CEA), the agency tasked with enforcing company law in Ireland.  Dillon discusses his work with the so-called “Irish FBI”, as well as his prior roles which included being deputy Attorney General in the Turks and Caicos. The hosts also discuss some interesting legal stories in the news, including the historic Supreme Court referral by President Michael D. Higgins of a new bill to reform judicial appointments.

10-25
41:44

The Bar and the Strike

In the first episode of season four of Law on Trial, Sara Phelan, chairwoman of the Bar Council, discusses why the representative body has recommended a historical one-day withdrawal of services by its criminal barrister members. Hosts Catherine Sanz and James McDermott also chat with Niamh Howlin, associate professor of law at UCD, about her new book Barristers in Ireland, which sheds light on the inner workings of the profession in the 20th century. The hosts also examine some legal stories in the news and a recent judgment from the High Court.

10-03
38:56

The Blame Game

In the latest episode of Law on Trial, Roger Murray, SC, and partner with Callan Tansey, discusses why the HSE’s narrative around medical negligence risks “vilifying” patients instead of highlighting the need for proper resourcing. He also discusses why the so-called gun for hire syndrome is a “complete myth” and how the experience of medical litigants in the courts can be improved. Hosts Catherine Sanz and barrister James McDermott discuss some legal news stories, including the latest developments connected to the Wagatha Christie case and a proposal in France which could send influencers to jail.

04-28
52:33

A Game of Risk

David Carthy, country managing partner of DLA Piper in Ireland, discusses his firm’s competitive trainee recruitment drive, a string of high-profile hires, and finding comfort in change. Barry Scannell, consultant with William Fry, discusses Chat GPT and why law students should learn to harness the power of artificial intelligence. Hosts Catherine Sanz and James McDermott, BL, discuss legal cases in the news, including two freedom of expression cases from North American which separately decided whether the middle finger and horn honking were protected expressions.

04-18
42:14

From the Bar to the Front Bench

Alex White, senior counsel, reflects on his journey from journalism to law, a career in politics with the Labour party, and his recent appointment as director general of the Institute for International and European Affairs. Hosts Catherine Sanz and James McDermott also discuss some legal stories in the news.

01-31
51:01

Building a powerhouse team from scratch, Eavan Saunders of Dentons.

Eavan Saunders, managing partner at Dentons Dublin and country head for Ireland, on her vision for the office, her A-list disputes team, battling gender bias, and winning new clients. Hosts Catherine Sanz and James McDermott, barrister, also discuss some recent legal cases in the news, a new law on service charges, and plans in Germany to legalise bin diving.

01-12
53:39

Protecting dignity and preserving humanity. Noeline Blackwell, chief of the Dublin Rape Crisis Centre, on how the law should help victims and why public inquiries need to be done differently.

In the second episode of season three, Noeline Blackwell, chief executive of the Dublin Rape Crisis Centre, discusses new legislation on human trafficking and how her team has been preparing to assist Ukrainians who may have been victims of sexual violence. She also chats about her views on arming the gardai, pro-bono work, and winning a recent lifetime achievement award.   Hosts Catherine Sanz and Cormac Ó Culáin also review some important legal stories in the news.  

12-01
33:27

Lawfare and legal threats: Caoilfhionn Gallagher, KC, on defending pro-democracy campaigners and journalists around the world.

In the first episode of season three, Caoilfhionn Gallagher KC, a barrister at Doughty Street Chambers, and member of an international legal team alongside Amal Clooney, discusses some of the dangers her clients face from spurious lawsuits by State actors. Gallagher discusses the case of Jimmy Lai, a Hong Kong pro democracy campaigner, and Maria Ressa, a Nobel Peace Prize winning journalist, who is facing decades in prison in the Philippines. Hosts Catherine Sanz and Neville Cox also review some of the latest legal news, judgements from the Irish courts, and discuss the best legal movie of all time.

11-10
50:40

Reputation at any cost: Sheila Willis on miscarriages of justice and Prof Neville Cox on defamation

Sheila Willis, president of the Chartered Society of Forensic Sciences (and former director of Forensic Science Ireland) joins the podcast to discuss the dangers of forensic evidence and how miscarriages of justice may be avoided. Neville Cox, professor of law in Trinity College Dublin, speaks about defamation, the Johnny Depp/Amber Heard trial, and the so-called 'Wagatha Christie' case. Our hosts Peter Leonard, Mark Tottenham and Catherine Sanz also discuss recent case law and high profile litigation. Law on Trial is sponsored by EY Ireland.

05-25
55:12

Time for change? Ireland's equality laws and the future for remote working

Sinéad Gibney, chief commissioner with the Irish Human Rights and Equality Commission, joins the podcast to discuss whether Ireland’s equality laws are fit for purpose and how the State’s decision to fight issues it eventually concedes is a drain on resources. The podcast also hears from Deirdre Malone, head of EY Law Ireland's employment team, who discusses remote working and whether moves by companies abroad to cut the pay of staff choosing to work remotely could become the norm in Ireland. And the hosts discuss the 'Wagatha Christie' trial, which started in Britain this week, and what people may be able to expect from lawyers for Colleen Rooney and Rebecca Vardy. Law on Trial is sponsored by EY Law Ireland.

05-11
46:01

From the ground up: Philip Lee on building a law firm

Philip Lee, partner and executive chairman of Philip Lee LLP. Lee, discusses his career as a solicitor and the principal of a well known firm. He also addresses issues such as the split legal profession, personal injuries litigation, and whether judicial review impedes societal progress. Also on this episode: we discuss Johnny Depp’s defamation case against his ex-wife Amber Heard and the best and worst legal movies of all time. Law on Trial is sponsored by EY Law Ireland.

04-27
56:09

A window into the legal system: Frank Clarke, Fiona Carroll and the curious case of Johnny Ronan

Frank Clarke, senior counsel and former Chief Justice, joins the podcast to discuss the legal system after his term in office. Fiona Carroll of the Law Reform Commission explains why the Law Reform Commission is seeking to revoke several historical proclamations. Plus: when is a window not a window? A court case taken by developer Johnny Ronan’s real estate group in connection with Dublin's Bewley's cafe and its Harry Clarke windows is explored. Law on Trial is sponsored by EY Ireland.

03-23
53:58

Europe and beyond: Emily O'Reilly, European Ombudsman, in interview, and Aonghus Kelly on the law of war

Emily O'Reilly, European Ombudsman, joins the podcast to discuss the cases she investigates and how her 20 years as a journalist in Ireland previously has informed her role. As war in Ukraine continues, the hosts speak to Aonghus Kelly, of Irish Rule of Law International, who explains the law of when a country can invade another sovereign state, and the mechanisms for punishing war crimes. Also on the menu: case law on the recusal of judges in a judicial review of personal injury guidelines, and a claim by a man for provision from the estate of his mother who gave him away as a child. Law on Trial is sponsored by EY Law Ireland.

03-09
42:39

Brave new world: Law Society president Michelle Ní Longáin on the challenges ahead

Michelle Ní Longáin, the new President of the Law Society, joins the podcast to discuss her plans. English barrister Paul Marshall tells us about hundreds of criminal convictions that may have arisen from a computer error. We discuss recent case law, and how courts can establish whether handwriting has been forged. Law on Trial is presented by Peter Leonard BL, Mark Tottenham BL, editor of Decisis.ie, and Catherine Sanz, legal correspondent of the Business Post. 

11-24
54:53

In the dock: should the Special Criminal Court be abolished?

UK legal commentator David Allen Green discusses the constitutional significance of the Good Friday Agreement, and the implications of Article 16 of the Northern Ireland protocol. Gemma McLoughlin Burke from the Irish Council for Civil Liberties advocates the abolition of the Special Criminal Court. We discuss the centenary of the first women to qualify as barristers. And recent case law on: proving copy wills; whether a golfer could sue his club after his subscription had lapsed; and whether asylum seekers are entitled to hold Irish driving licences. Law on Trial is presented by Peter Leonard BL, Mark Tottenham BL, editor of Decisis.ie, and Catherine Sanz, legal correspondent of the Business Post.         

11-10
53:00

Justice for all? The Mica controversy explored and Angela Denning on changes to the Irish court system

Angela Denning, chief executive of the Courts Service of Ireland, joins the podcast to discuss the short-term and longer-term changes in the Irish court system. Construction law expert Deirdre Ní Fhloinn BL is interviewed on the Mica controversy, and the government's compensation scheme. Also on the slate: we discuss recent cases concerning personal injuries, anchor tenants in shopping centres and the selection of a jury in a pending US trial. And we count down the 'hit parade' of the top five most cited judgments in the past ten years. 

10-26
52:01

Facebook, libel tourism, the Britney Spears conservatorship and the merits of swearing under oath

Paul Tweed, internationally renowned defamation lawyer, joins the podcast to talk about taking on social media giants such as Facebook. Solicitor Bernadette Parte, a specialist in healthcare and mental health law, offers her take on the Britney Spears conservatorship case. Plus: we discuss recent case law on personal injuries, sentencing and bankruptcy. And we consider whether taking an oath on the bible is a relic of a bygone era.   

10-12
49:27

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