Mediation to be explored in Kenny land dispute

Both sides in the dispute between broadcaster Pat Kenny and his wife and their neighbours, Gerard and Maeve Charlton over a piece of land in Dalkey, are to continue efforts to find a resolution over the weekend.

Ms Justice Maureen Clark earlier urged both sides to explore the possibility of mediation and to think long and hard before things are said in court that cannot be taken back.

After an adjournment of around an hour and 20 minutes, lawyers for both sides said they would continue to explore the possibility of mediation.

However, if an agreement was not reached by Monday evening, they said the case would resume on Tuesday morning, as scheduled.

Senior Counsel Brian O'Moore for Pat and Cathy Kenny said the case had been opened extensively by lawyers for the Charltons and things had been said that his clients would like to respond to.  

However, he said they were very conscious of what the judge had said and were prepared to embrace the concept of mediation.

Ms Justice Clarke said she was delighted to hear that mediation was at least being explored. 

She said it was not easy to come back when people were ready to go.

Earlier the judge said she visited the site yesterday and that the Kennys and Charltons both live in very attractive houses in a very idyllic setting, but she said it would not be idyllic when the case is over.

The High Court also heard further details today of Pat Kenny's counterclaim for adverse possession or squatter's rights to the piece of land beside his home in Dalkey.

Gerard and Maeve Charlton are seeking a declaration from the Court that they are the rightful owners of the land, known as Gorse Hill.

The 0.2 of an acre is valued at up to €2m.

The Court heard this morning that the Mr Kenny and his wife Cathy have had a map drawn up detailing 57 types of activity they have undertaken on Gorse Hill between 1991 and 2003.

The Court heard the Kennys have planted primroses, ferns, daffodils, honeysuckle and hawthorn and they have also cleared a pathway to the top of the hill and created a rock chair.

In addition,  in 1998 they placed ornamental geese on a platform leading to Gorse Hill.

The Court also heard that the Charltons will claim that Mr Kenny asked Mr Charlton to sell him Gorse Hill as recently as July 2006.

Mr Kenny's lawyers told the Court their clients took enormous objection to some of the claims that have been made by the Charltons lawyers in opening the case.