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Legally Fond

Gavin Dowdwww.legallyfond.com
The podcast which makes law simple. In each episode, Pierce, Alex and Gavin tell the story of a significant legal case, discussing the personalities, the courtroom drama and the implications. Its your way to get up to speed with the law without needing a law degree! Legally Fond is in association with LawSchool.ie.
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Episodes

West Cork - Speaking to Ian Bailey's Defence Solicitor

In the final episode of Legally Fond, Gavin speaks to Frank Buttimer, the solicitor of Ian Bailey. Ian was a suspect in the 1996 murder of Sophie Toscan Du Plantier. The French government tried to extradite him three times to France, the country Ms Toscan Du Plantier was from. However, the Irish courts prevented this three times. In 2019, Ian was found guilty of her murder in a court in Paris despite having never been present at the trial.

May 06, 202135 minSeason 3Ep. 12

The Mahon Tribunal - Corruption in Irish Politics

In this week’s episode the team explain and discuss the functions of tribunals. How do they differ from regular courts of law? What protection is afforded to those who are the subjects of a tribunal’s inquiry? Pierce, Gavin, and Alex share their thoughts on these questions and more by looking at one of the longest running and most expensive legal exercises in the history of the State: The Tribunal of Inquiry into Certain Planning Matters and Payments, more commonly known as ‘The Mahon Tribunal’....

Apr 28, 202125 minSeason 3Ep. 11

Having Their Cake And Eating It - The Gay Cake Case

In this week’s episode, Gavin, Pierce and Alex discuss the UK Supreme Court judgment in Lee v Ashers Baking Company. This case, known colloquially as the 'gay cake case' concerned alleged discrimination over a refusal to print a pro-gay marriage message on a cake. To what end can a business refuse to cater to a customer and on what grounds? Does free speech extend to a freedom to refuse to say something? Are such entitlements applicable to a business? Are beloved puppets Bert and Ernie in the Mu...

Apr 21, 202121 minSeason 3Ep. 10

The Irishman Whose Case Got Uber Drivers Recognised As Workers

"We didn't change the law, we didn't make the law. All we did was assert the law." In this week's episode of Legally Fond, you'll hear an interview with former Uber driver James Farrar who was one of the lead claimants in the recent Supreme Court case which established that Uber drivers are workers under English Law. This judgment means, among other things, that Uber drivers are entitled to be paid the national minimum wage. Irishman Farrar discusses how he came to take this case, his thoughts o...

Apr 14, 202131 minSeason 3Ep. 9

Should All Political Parties Get Equal Airtime?

This week on Legally Fond, Pierce, Gavin and Alex tackle the topic of impartial political coverage by RTE by examining the case of Coughlan v Broad Complaints Commission. The case concerns the state broadcaster’s engagement with the issues of the 1995 Divorce referendum. The team explain what uncontested party-political broadcasts are and why they may be controversial. How important is it for RTE to afford equal airtime to both sides of the debate in a national referendum? What are the consequen...

Apr 07, 202126 minSeason 3Ep. 8

The Not So Smooth Criminal

We discuss the case of a man who left his car unattended on Dublin's Talbot Street with the engine running. The car was subsequently stolen and collided with a pedestrian. The injured pedestrian sued the owner of the car for his negligence in leaving the car open and running on a busy city street. But was it foreseeable that the car thief would drive so carelessly as to hit a pedestrian?

Mar 31, 202117 minSeason 3Ep. 7

Doctor Knows Best - Jehova's Witnesses and Blood Transfusions

In this week’s episode of Legally Fond the team look at a case concerning a High Court decision to allow a blood transfusion to be administered to a woman who had previously refused it on religious grounds. Gavin, Pierce and Alex pick apart constitutional concerns, questions regarding capacity and examine the delicate exercise of rights balancing that the courts must master. How far does someone’s right to religious expression extend? Is it ever okay for clinicians to disregard the express wishe...

Mar 24, 202125 minSeason 3Ep. 6

Modern Monopolies: The EU Takes on Google

We discuss the European Commission decision on Google's comparison shopping service. How will this affect the big tech firms and is breaking them up in order to open the market the correct approach?

Mar 17, 202120 minSeason 3Ep. 5

Don't Stop The Leavin' - Calculated Grades in Court

In this week’s episode of Legally Fond, the team discuss the recent High Court challenge to the Leaving Certificate system of calculated grades by Belvedere student Freddie Sherry. Pierce, Gavin and Alex discuss Mr Justice Meenan’s decision in the case and what ramifications it will have for some sixty other similar challenges already lodged to the courts. What is the significance of school historical data and why did the Department of Education revise its policy on the matter? Was Norma Foley’s...

Mar 10, 202120 minSeason 3Ep. 4

Rock on, Rockall

In this week’s episode of Legally Fond, the team discuss Rockall – a small, uninhabited islet in the north Atlantic but the subject of much dispute and disagreement. Pierce, Gavin, and Alex explain the legal confusion surrounding the rightful ownership of Rockall, touching on international Maritime Law and the positions of the EU and UN on the matter. Does Rockall belong to Iceland, Ireland, Denmark, or the United Kingdom? Which nations can harvest its fish-rich waters? How does Rockall fit into...

Mar 03, 202119 minSeason 2Ep. 3

Go Green Or Go Home - Friends of The Irish Environment

In the flagship episode of season three, we discuss the seminal Supreme Court decision in the recent environmental case ‘Friends of the Irish Environment v Government of Ireland’. We explain why the government’s climate action plan was struck down and explore what this means for Ireland’s fight against climate change. With the coalition government facing ever increasing pressure to tackle climate change in Ireland, how does this judgment affect Ireland’s plan to be carbon neutral by 2050?

Feb 24, 202124 minSeason 3Ep. 2

Champagne Football - The Gospel According to John (Delaney)

In March 2019, Sunday Times Journalist Mark Tighe returned to his desk and found two documents waiting for him. One was a photocopy of a cheque made out to the FAI by its then Chief Executive John Delaney for €100,000. The other was a confirmation from the FAI that John Delaney had been repaid €100,000. What was this about, thought Mark. Why was an organisation which received €50 million in taxpayers' funding over the past decade in need of a loan from its Chief Executive? This was the catalyst ...

Feb 24, 202128 minSeason 3Ep. 1

Season Three Is Coming!

Legally Fond is returning for a third season, starting on Wednesday 24th February. You’ll hear about how one of the biggest names in Irish football took on The Sunday Times in court to stop it publishing a story about him only hours before the paper was set to be printed. And we’re teaming up with Trinity College Students’ Union for Green Week and we’ll tell you the story of the a group of climate activists who stopped the government’s climate action plan. We cannot wait for you to join us for S...

Feb 19, 202130 sec0

€13 Billion - An Apple A Day Keeps The Taxman Away

Earlier this year, the General Court of the European Union found against the European Commission in the so-called 'Apple tax case'. This meant that the Commission was unable to prove to the required standard that the Irish government had given Apple illegal state aid in order to reduce its tax bill. The result is that Ireland is not entitled to the €13 billion which the Commission decided it should receive from Apple. How did this case come about? We discuss in the Season Two finale of Legally F...

Dec 09, 202025 minSeason 2Ep. 12

El Presidente - What Does The Irish President Actually Do?

Although many consider the Irish Presidency a largely ceremonial role, one significant constitutional power which the President has is the right to refer bills to the Supreme Court to check their constitutionality before they are made law. One such case considered whether a law requiring property developers to sell up to 20% of their new houses to the state for use as social housing. We discussed the merits of this case and the pitfalls of letting the President get involved. This episode is brou...

Dec 02, 202026 minSeason 2Ep. 11

All I Want For Christmas Is EU - Crotty's Case

It is an oddity of Irish politics that in 2001, when nearly 53% of voters opted to reject the EU's Nice Treaty, the Irish Government tried a 'second time lucky' approach, holding a second referendum on the same question. It passed, with 62% in favour. The same series of events occurred with the Lisbon Treaty later in the decade. Why is it that Ireland was the only member state of the EU which had to vote by referendum on the Nice and Lisbon Treaties? We discuss the case which led to this constit...

Nov 25, 202022 minSeason 2Ep. 10

Wigs at War - The Judge Who Cried 'Woulfe'

A week on from Chief Justice Frank Clarke's publication of his correspondence with Seamus Woulfe, we discuss what has happened since and what might happen next. Also, could this saga lead to the reform of judicial appointments? This episode is brought to you in association with LawSchool.ie. LawSchool.ie is Ireland’s leading provider of tuition for the FE1 or King’s Inns Entrance exams. Each course is delivered live online with a specific exam focus and supported by the latest manuals. Shorter p...

Nov 19, 202011 min

The Robots Are Coming - Regulating AI

Artificial intelligence is revolutionising how we do business. With its countless opportunities, it also presents risks. To what extent will we be delegating our decision making to computers and robots? Do we trust them to make accurate decisions? And who will be responsible if AI discriminates or makes an unfair decision? Paul MacDonnell from the Global Digital Foundation discusses a recent paper he published on the regulation of artificial intelligence. This episode is brought to you in associ...

Nov 18, 202029 minSeason 2Ep. 9

Wigs at War - Trouble In The Supreme Court

The controversy trundles on over the attendance of Supreme Court Justice Seamus Woulfe's attendance at the Oireachtas Golf Society dinner in August. Last Sunday, the Chief Justice Frank Clarke sent a letter to Woulfe, who has not yet sat on the court, asking him to resign. We chronicle the events which led up to this moment and ponder the uncertain political and legal horizon. This episode is brought to you in association with LawSchool.ie. LawSchool.ie is Ireland’s leading provider of tuition f...

Nov 11, 202034 minSeason 2Ep. 8

No Ifs, Just Butts - Suing Big Tobacco

Should somebody who has been a smoker for many decades be able to sue a tobacco company for their personal injuries? The case we discuss this week deals with this question. The tobacco company sought to have the case thrown out of court on the grounds that it was "frivolous and vexatious". This episode is brought to you in association with LawSchool.ie. LawSchool.ie is Ireland’s leading provider of tuition for the FE1 or King’s Inns Entrance exams. Each course is delivered live online with a spe...

Nov 04, 202025 minSeason 2Ep. 7

Knock Knock - The Gardai and Search Warrants

If the Gardai break your constitutional rights by storming into your house, collect incriminating evidence with a search warrant which is faulty, defective or has the wrong address on it, should they be able to use this evidence against you at trial? The Irish courts have to take into account the interests of the Gardai in investigating crime while preserving the rights of those accused of being involved in criminal activity. This episode is brought to you in association with LawSchool.ie. LawSc...

Oct 29, 202027 minSeason 2Ep. 6

Senator David Norris - How I Sued The Government

In 1980s conservative Ireland, when the state was under the wrath of the Catholic Church, gay rights activist David Norris challenged a criminal law forbidding sodomy. His case failed in the High Court and was shot down in the Supreme Court. Determined, Norris took his case to the European Court of Human Rights in Strasbourg. At every step of his legal battle, the Irish state fought back. Though he eventually succeeded, even the Irish judge sitting on the Strasbourg court found against him. Davi...

Oct 21, 202031 minSeason 2Ep. 5

Justice Fried Is Not Justice Denied - Egging and the Law

We discuss a tragic case in which a pedestrian lost their eye after having an egg thrown in her direction. The egg was thrown by the passenger of a car driven by a 17 year-old. But why did the injured pedestrian sue the 17 year-old driver, rather than the person who threw the egg? We discuss in this episode of Legally Fond. This episode is brought to you in association with LawSchool.ie. LawSchool.ie is Ireland’s leading provider of tuition for the FE1 or King’s Inns Entrance exams. Each course ...

Oct 14, 202023 minSeason 2Ep. 4

The Underdogs - Supermacs And O'Neills Versus The World

Everyone loves a good underdog story. And being Irish, we wanted to focus on two cases of indigenous companies taking on big business. The first is a case of David versus Goliath - of Supermac versus BigMac. What happened when an Irish fast food chain took on one of the world’s biggest? Also, if you see a pair of sports shorts with three stripes down the side, which brand do you think they are? Germany’s Adidas claims that GAA favourite O’Neills is passing off their shorts as being from Adidas. ...

Oct 07, 202023 minSeason 2Ep. 3

Much At Steak - Is Veganism a Philosophical Belief?

Jordi Casamitjana practices ethical veganism. For example, he has not dated non-vegans and he avoids social gatherings if the food served is not vegan. When he was dismissed from his job at a charity, he tried to assert that his form of ethical veganism is a 'philosophical belief' under the Equality Act 2010, a piece of legislation which prevents workplace discrimination on certain grounds. Did he succeed? We discuss this case in detail. This episode is brought to you in association with LawScho...

Oct 02, 202023 minSeason 2Ep. 2

Judging the Judges - Shane Ross on Judicial Appointments

Shane Ross speaks to Legally Fond about his proposed reform to judicial appointments. He also gives his thoughts on the position of Seamus Wolfe - the former Attorney General and now Supreme Court judge - in light of his attendance at the Oireachtas Golf Society dinner. Art 35.1 of the Constitution stares that judges are appointed by the President. However, the President only acts “on the advice of the Government” (Art 13.9). The Government is therefore the de facto picker of judges. In 1995, on...

Oct 02, 202033 minSeason 2Ep. 1

Teaser: Season Two is Coming

On Wednesday September 30th we launch Season Two of Legally Fond, with the release of two episodes. How are judges chosen in Ireland? You'll hear from a former Irish government minister on why he believes it the selection process should be largely handed over to "lay people" (non-lawyers, in plain English). In the second episode, we discuss whether veganism should qualify as a philosophical belief. We'll debate a recent case which found that it should. Make sure to subscribe to get these episode...

Sep 10, 202044 sec

The Future of Ireland's Constitution with Dr David Kenny

Over the past number of years we have voted on removing blasphemy from the constitution, extending the right to marriage to same-sex couples, repealing the eighth amendment and lowering the minimum age to become President. As Ireland moves from a socially conservative backdrop to a progressive, globalist outlook, how will this continue to affect our constitution? Should we have a right to housing or a right to healthcare? How does Ireland's constitution compare to those in other countries. We en...

Jun 03, 202031 minSeason 1Ep. 15

The Sex Appeal - Do Celebrities Have Privacy?

In this episode we discuss the infamous Hulk Hogan sex tape case, in which the popular WWE wrestler sued Gawker Media, a publisher which made public a sex tape of his. Not long after the awarding $140 million damages to Hogan, Gawker filed for bankruptcy. Pierce, Alex and Gavin discuss the extent to which celebrities have a right to privacy, the limits of the freedoms of the press and the controversial funding of the lawsuit by Silicon Valley billionaire Peter Thiel. This episode is brought to y...

May 27, 202030 minSeason 1Ep. 14
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