Charlton & Anor -v- Kenny & Anor [2007] IEHC 308 (07 September 2007)

Charlton & Anor -v- Kenny & Anor [2007] IEHC 308 (07 September 2007)

Inspection of the disputed property is permitted but strictly limited to the Charltons’ solicitor (or representative), one horticulturist, and one architect; no non-expert or family members may attend. No order as to costs is made for any of the procedural motions due to both parties’ unconstructive and technical conduct.

Citation
[2007] IEHC 308
Parties
Plaintiff: Gerard Charlton; Plaintiff: Maeve Charlton; Defendant: Pat Kenny; Defendant: Kathryn Kenny
Jurisdiction
Ireland
Judgment Date
07 September 2007
Procedural Posture
Civil / Interlocutory Motions Regarding Inspection, Particulars, and Discovery
Outcome
Inspection application granted in part; no order as to costs on any motion.
Legal Topics
Adverse Possession, Discovery, Inspection of Property, Procedural Costs
Civil Procedure Property Law Adverse Possession Discovery Inspection of Property Procedural Costs

Case Brief

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Parties

Gerard Charlton

Plaintiff

Maeve Charlton

Plaintiff

Pat Kenny

Defendant

Kathryn Kenny

Defendant

Procedural Posture

Civil / Interlocutory Motions Regarding Inspection, Particulars, and Discovery

Legal Issues

  1. 1 Whether inspection of the disputed property should be permitted and under what conditions
  2. 2 Entitlement to costs for procedural motions regarding discovery and particulars

Ratio Decidendi

Inspection of the disputed property is permitted but strictly limited to the Charltons’ solicitor (or representative), one horticulturist, and one architect; no non-expert or family members may attend. No order as to costs is made for any of the procedural motions due to both parties’ unconstructive and technical conduct.

Court Disposition

Inspection application granted in part; no order as to costs on any motion.

Orders

  • Inspection of the disputed property permitted only for the Charltons’ solicitor (or representative), one horticulturist, and one architect, by reasonable appointment.
  • No order as to costs for any of the procedural motions.