Judge in Kenny case urges a ‘long and hard’ think
Ms Justice Maureen Clark, who said she had visited the disputed site on Thursday, urged Mr Kenny, his wife Kathy and their neighbours, Gerard and Maeve Charlton, not to put the court in a position where it had to choose whose evidence it preferred.
Both sides agreed to her suggestion that the case go into mediation on Monday. However, if this is not successful, it will be back before the High Court on Tuesday.
Retired solicitor Mr Charlton and his wife claim they are the legal owners of the 0.2 acre strip of land, known as Gorse Hill, beside the Charlton and Kenny homes in Dalkey, Dublin.
The mediation development came on the third day of the action when Ms Justice Clark said she wanted to say something “off my own bat” to the parties before the first of a number of witnesses was called.
The judge revealed she had carried out an inspection of the site on Thursday — in an agreement between the parties which had not been divulged to the court on Wednesday.
“I urge you to think long and hard before things are said that cannot be taken back.
“Please think carefully before evidence is given and I am put in a position to say I prefer one side’s evidence to the other.
“It is not too late, that is all I am going to say but I would urge you to consider.”
The hearing was then adjourned to allow both sides discuss what the judge had said and an hour and 20 minutes later the court was told by Eoghan Fitzsimons SC, for the Charltons, that the time given had been used and the parties had agreed to mediation.
Mr Fitzsimons said however this would be on the basis that process would take place by 4pm on Monday and if it is not successful that the case before Ms Justice Clark would resume on Tuesday.
Brian O’Moore SC, for the Kennys, said while things had been said during Mr Fitzsimons’ “extensive” opening address that his clients would like to respond to, they were very conscious of what the judge had said and would like to take that suggestion up.
The Charltons claim they have owned the land since buying their own home Maple Tree House in 1971. But the Kennys say they have acquired it by squatters rights and also have a legal claim which prevents any development of the lands. The Charltons have also made a claim for damages, trespass and slander of title.
In a counter-claim, the Kennys are also seeking damages for alleged assault, breaches of rights, including property rights and right to privacy.
