A couple who have objected to plans by singer Van Morrison to widen a communal driveway leading to his and their homes in Dalkey, Co Dublin, had also adopted an attitude concerning a development by another neighbour, the High Court heard yesterday.
That neighbour is Formula One racing driver Eddie Irvine.
When that matter was raised by Mr James Macken SC, for Mr Morrison, Mr Justice Kelly said he did not feel it was fair to raise the issue at that stage and ruled out cross- examination on it.
It was pointed out that Mr Irvine was not a party to the proceedings and had not been mentioned in any statement of claim lodged by the plaintiffs.
The proceedings challenging Mr Morrison's planned widening of the driveway have been brought by Alphonsus O'Mara, a company director, and his wife, Claudia, of Monte Alverno, Sorrento Road, Dalkey, against Mr Morrison, Kilross, Sorrento Road.
The O'Maras purchased Monte Alverno and its contents for about £1 million in 1992 under a deed of conveyance between Renata Eliza Coleman, Kilross Estates, and themselves.
It is claimed that, after the sale, Ms Coleman and Kilross Estates jointly covenanted with the O'Maras so as to bind the owners and occupiers of Mount Alverno for the benefit and protection of the premises.
The O'Maras previously secured a temporary injunction restraining Mr Morrison from continuing to carry out works on the driveway. Yesterday, when adjourning the matter to November 19th, Mr Justice Kelly said it was a case about neighbours regardless of any decision the court might make.
Agreed solutions were always better than imposed ones, he said. In an imposed solution, one side or the other would not like it, the judge added.
Parties were able to negotiate to produce solutions which were much better than an imposed one, and he hoped his words would not fall on deaf ears.