Wednesday 26 October 2016

Wife of Van Morrison in new legal dispute with Dalkey neighbours

Tim Healy

Published 15/06/2015 | 18:29

Mr Morrison with wife Michelle
Mr Morrison with wife Michelle

The wife of singer Van Morrison is embroiled in a new legal dispute with her neighbours.

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The case was briefly mentioned in the High Court Monday (June 15) when Michelle Morrison's solicitor asked for permission not to represent her any longer in the case as, the court was told, the relationship between them had broken down.

Mr Justice Paul Gilligan urged both Ms Morrison and her solicitor to take a step back and attempt to resolve the matter.

He said Ms Morrison faced a High Court action without representation as the case is due to kick off at the end of this month.

Ms Morrison, Kilcross House, Sorrento, Road, Dalkey, Dublin, has brought a case against her neighbours Desmond and Mary Kavanagh of "Mount  Alverno."

It is understood the proceedings concern an alleged agreement in relation to a view affecting her property.

Last year, a legal action over alleged interference with privacy at her home as a result of works at the neighbour's house was settled.

In that action, Ms Morrison sought orders overturning Dun Laoghaire Co Council's decision to accept that redevelopment work at Desmond and

Mary Kavanagh's neighbouring "Mount Alverno" home had complied with planning permission.

The council and the Kavanaghs, who were notice parties, both disputed her claims.

Ms Morrison claimed that, unless there was proper landscaping and, in particular, the replacement of trees, her home's rear garden was overlooked by the Kavanagh property.

Read more: Michelle Rocca’s privacy case settles at High Court

Without the replacement of a number of trees, a "gangway" style balcony in the Kavanagh's home seriously overlooked the Morrison's rear garden while a large number of first floor windows in Mount Alverno also intruded on her family's privacy, it was claimed.

The court heard the Kavanagh's had proposed providing replacement screening between the properties using shrubs such as bay laurel, holly, and cherry laurel.  Ms Morrison's experts argued semi-mature canopy trees were required to match those which were  removed.

In an application Monday for her solicitor to "come off record", Gemma Carroll BL said the relationship between Ms Morrison and her solicitor had irrevocably  broken down.

Mark Sanfey SC, who was representing Ms Morrison for the application before the court, said the main case is set down for hearing by the court for ten days starting on June 30 next.

Ms Morrison, he said, is totally unprepared for the case and a witness on her side will able be unavailable at that time.

Mr Justice Gilligan said it appeared  certain differences have arisen between Ms Morrison and her solicitor  and an allegation has been raised in relation to professional fees.

The judge said if the solicitor is released from the case Ms Morrison could face a ten day hearing without representation which would be an unfortunate situation.

He advised both Ms Morrison and the solicitor to step back and see if any progress could be made on the matter.

The case will come before the court again on Thursday.

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