THE LEGAL action between RTÉ broadcaster Pat Kenny and his neighbour over ownership of lands near their homes in Dalkey will be back before the High Court today. It is believed the judge will be told that progress has been made towards resolving the dispute.
Retired solicitor Gerard Charlton and his wife Maeve agreed, with Mr Kenny and his wife Kathy, following an appeal by Ms Justice Maureen Clark last Friday, to allow the dispute over the lands at Gorse Hill to enter mediation.
According to legal sources, progress has been made in the dispute following mediation by Rory Brady SC and that progress will be reported to the court today.
Ms Justice Clark had issued her appeal as the case was about to go into evidence. She urged the sides to remember they would be neighbours at the end of the case and to "think long and hard" before things were said in evidence which could not be taken back.
Both sides agreed the case could go to mediation. If progress was not made, the case was to resume today.
In the action, the Charltons claim they are the legal owners of the 0.2 acre strip of land at Gorse Hill and have owned the land since buying their own home in 1971.
In their defence and counterclaim, the Kennys say they have acquired the Gorse Hill land by virtue of adverse possession or squatters' rights since 1991 and have a legal claim restraining any development of the land.
They say they have used the land as a nature reserve for foxes and badgers and carried out numerous gardening and improvement works on the land over the years.
Mr Kenny has denied claims that he asked the Charltons to sell Gorse Hill to him on a number of occasions or that he sought and obtained the Charltons' consent to a new pedestrian gate allowing access to the Gorse Hill property.