E139 The Fifth Court - Tom Flynn SC, Planning judicial reviews, costs caps and access to justice

E139 The Fifth Court - Tom Flynn SC, Planning judicial reviews, costs caps and access to justice

Episode 139 | Tom Flynn SC on planning judicial reviews, costs caps and access to justice


In Episode 139 of The Fifth Court, hosts Peter Leonard BL and Mark Tottenham BL are joined by Tom Flynn SC, a leading planning and environmental law practitioner.

The discussion examines the State’s proposal to cap recoverable legal costs in planning judicial reviews, the policy rationale behind the measures, and the potential consequences for access to justice, equality of arms and Ireland’s obligations under the Aarhus Convention.


Key themes

  • Judicial review and the reality behind infrastructure delay claims
  • Proposed scale fees and their practical impact on applicants
  • Environmental litigation, expert evidence and cost recovery
  • Fairness, constitutional rights and public law accountability

Decisis.ie – Case law discussed (with thanks to section sponsor Charlton Solicitors):

  • Doyle v Buckley – payment out of client funds following prolonged costs disputes
  • Criminal Assets Bureau v Humphreys – freezing orders where funds are partly tainted
  • Criminal Assets Bureau v X, Y and Z – unlawful access to family law records and consequences for proceeds-of-crime applications

Also

Nominations are now open for the Irish Law Awards, closing 20 March 2026.

Listen and Subscribe on all podcast platforms.



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Avsnitt(166)

E109 The Fifth Court - retired High Court judge, Bernard Barton RIP

E109 The Fifth Court - retired High Court judge, Bernard Barton RIP

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E154 The Fifth Court: John Freeman BL — Central Bank Power, Personal Accountability and Fair Procedures

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E153 The Fifth Court - Who Really Built Ireland's Legal System? Daire Hogan on Judges Who Shaped Irish History

E153 The Fifth Court - Who Really Built Ireland's Legal System? Daire Hogan on Judges Who Shaped Irish History

For more than a century, Ireland's judges shaped the country's politics, business, land ownership and legal system.But who were they?On Episode 153 of The Fifth Court, Peter Leonard BL and Mark Totten...

14 Juli 46min

E152 The Fifth Court - Jimmy Wales, Wikipedia founder, on trust, AI and why the internet still needs rules

E152 The Fifth Court - Jimmy Wales, Wikipedia founder, on trust, AI and why the internet still needs rules

Episode 152 of The Fifth Court features a very special guest: Jimmy Wales, founder of WikipediaInterviewed by Mark Tottenham BL at Dalkey Book Festival.This is not just a tech-founder interview. It is...

1 Juli 55min

E151 The Fifth Court - Peter Charleton Part 2: what judges really worry about

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In Part 2 of our extended interview with retired Supreme Court judge Mr Justice Peter Charleton, Peter Leonard BL and Mark Tottenham BL continue a remarkable conversation about life at the Bar, life o...

23 Juni 35min

E150 The Fifth Court - Mr Justice Peter Charleton: law, crime, music and the nature of evil

E150 The Fifth Court - Mr Justice Peter Charleton: law, crime, music and the nature of evil

The Fifth Court marks Episode 150 with Part 1 of a wide-ranging conversation with recently retired Supreme Court judge, Peter Charleton.To mark Episode 150 of The Fifth Court, Peter Leonard BL and Mar...

18 Juni 38min

E149 The Fifth Court - Bridget Hourican on Frank Callanan’s Joycean masterpiece

E149 The Fifth Court - Bridget Hourican on Frank Callanan’s Joycean masterpiece

Bloomsday Special: The secret political life of James Joyce — and Frank Callanan’s final masterpieceWas James Joyce really apolitical?For decades, many scholars claimed Ireland's greatest writer stood...

9 Juni 38min

E148 The Fifth Court - Peter Shanley SC -Barristers Direct, legal access & barristers as entrepreneurs

E148 The Fifth Court - Peter Shanley SC -Barristers Direct, legal access & barristers as entrepreneurs

Episode 148, The Fifth CourtPeter Shanley SC on Barristers Direct, legal access and barristers becoming entrepreneursPeter Leonard BL and Mark Tottenham BL are joined by Peter Shanley SC, founder of B...

18 Maj 30min

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