The Fifth Court

E136 The Fifth Court - PART II- Síofra O’Leary, former President of the European Court of Human Rights & Úna Ní Raifeartaigh, judge at the European Court of Human Rights

The Fifth Court

Show Notes

The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook

Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges: • Síofra O’Leary, former President of the European Court of Human Rights • Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights

This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights. Decisis Casebook segment: Three further Irish decisions are discussed: DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred

Presented by Peter Leonard BL and Mark Tottenham BL. Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners. Hosted on Acast. See acast.com/privacy for more information.

More from The Fifth Court

Oct 23, 2026

E156 | Paul Howard: A united Ireland. But whose flag, whose anthem, whose rules?

Oct 16, 2026

THE BILLABLE HOUR IS UNDER ATTACK. AND AI COULD CHANGE THE LEGAL PROFESSION FOREVER.

Aug 11, 2026

As the multitude of tributes have shown Bernard was not only a highly respected Judge and member of the Law Library, but was an absolute gentleman, known for his kindness, warmth, and great sense of fun. This we experienced in abundance when he joined us as a guest on the The Fifth Court podcast.

Jul 23, 2026

Peter Leonard BL and Mark Tottenham BL are joined by John Freeman BL, author of The Central Bank Acts: A Commentary.

Jul 14, 2026

For more than a century, Ireland's judges shaped the country's politics, business, land ownership and legal system. But who were they?

See all episodes →