{"id":191047,"date":"2025-12-14T08:01:09","date_gmt":"2025-12-14T08:01:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/191047\/"},"modified":"2025-12-14T08:01:09","modified_gmt":"2025-12-14T08:01:09","slug":"i-always-try-to-talk-people-out-of-court-but-sometimes-it-becomes-an-obsession-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/191047\/","title":{"rendered":"\u2018I always try to talk people out of court. But sometimes it becomes an obsession\u2019 \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">\u201cGood fences make good neighbours\u201d \u2013 so goes the old saying goes. <\/p>\n<p class=\"c-paragraph paywall \">That\u2019s generally deemed to be good advice for people living next door to one another \u2013 but what if \u201cCoco the cat\u201d doesn\u2019t respect fences?<\/p>\n<p class=\"c-paragraph paywall \">Coco rose to fame last month when <a href=\"https:\/\/www.irishtimes.com\/crime-law\/courts\/2025\/11\/20\/legal-dispute-between-ranelagh-neighbours-over-cats-toilet-habits-struck-out\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/crime-law\/courts\/2025\/11\/20\/legal-dispute-between-ranelagh-neighbours-over-cats-toilet-habits-struck-out\/\">a District Court heard how his actions<\/a> had brought neighbours into dispute in leafy south Dublin.<\/p>\n<p class=\"c-paragraph paywall \">Coco\u2019s persistent defecation in the garden of one neighbour led to a drawn-out dispute and a bitter legal action. <\/p>\n<p class=\"c-paragraph paywall \">The Nugents of Mountain View Road in Ranelagh sought damages after claiming Coco had been using their property as a toilet \u2013 and for the cat to be placed under restraint by its owner, Geraldine Kennedy.<\/p>\n<p class=\"c-paragraph paywall \">Kennedy countersued, claiming Michael Nugent had harassed her by repeatedly knocking on her door. <\/p>\n<p class=\"c-paragraph paywall \">The Nugents were initially awarded \u20ac6,000 while Kennedy\u2019s counterclaim was thrown out. Kennedy appealed to the Circuit Court and the judgment was annulled. She said she felt she had little option but to rehome the unfortunate Coco. <\/p>\n<p class=\"c-paragraph paywall \">\u201cA court of law is the last place a dispute between neighbours should end up,\u201d Judge James McCourt said as he struck out the case.<\/p>\n<p class=\"c-paragraph paywall \">That may well be true, but the courts have seen a rash of neighbourly disputes recently. Up and down the country, solicitors and barristers report having to deal with more rows about property boundaries, noise and antisocial behaviour. <\/p>\n<p class=\"c-paragraph paywall \">Many legal practitioners report a general change in culture around litigation \u2013 with more people increasingly insistent on going to court \u2013 and avoiding efforts to reach some sort of mutually acceptable compromise.<\/p>\n<p class=\"c-paragraph b-it-article-body__interstitial-link\">[\u00a0<a aria-label=\"Open related story\" class=\"c-link\" href=\"https:\/\/www.irishtimes.com\/crime-law\/courts\/2025\/11\/11\/man-drawing-up-imaginative-solution-in-row-over-unauthorised-extension-court-hears\/\" rel=\"noreferrer nofollow noopener\" target=\"_blank\">Sutton planning row: Man \u2018drawing up imaginative solution\u2019 over unauthorised extensionOpens in new window<\/a>\u00a0]<\/p>\n<p class=\"c-paragraph paywall \">Another case that has featured in much reporting recently relates to a property dispute in Sutton, north Co Dublin.<\/p>\n<p class=\"c-paragraph paywall \">Judicially favoured \u201cpeace talks\u201d failed to arrive at an amicable outcome last month in a case that has been running for six years. <\/p>\n<p class=\"c-paragraph paywall \">Dublin businessman Philip Farrelly of Burrow Road faces an order to demolish almost half his home as a result of an alleged breach of planning laws.<\/p>\n<p class=\"c-paragraph paywall \">Fingal County Council ordered Farrelly to demolish a two-storey extension to his home. At the same time, 17 of his neighbours have made submissions of concern about the work; some labelling it a \u201cmonstrosity\u201d. <\/p>\n<p class=\"c-paragraph paywall \">One neighbour, Simon Revill, a property manager whose mother, Jackie Revill, bought the house in the 1970s with her husband, <a href=\"https:\/\/www.irishtimes.com\/ireland\/housing-planning\/2023\/10\/30\/neighbours-row-over-large-unauthorised-structure-at-period-house-referred-to-an-bord-pleanala\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/ireland\/housing-planning\/2023\/10\/30\/neighbours-row-over-large-unauthorised-structure-at-period-house-referred-to-an-bord-pleanala\/\">has been involved a long-running dispute<\/a> over the new building at the rear and side of Farrelly\u2019s home. <\/p>\n<p class=\"c-paragraph paywall \">The structure overlooks the back of Revill\u2019s home by Burrow Beach near Howth and throws his garden and the rear of his house into shadow.<\/p>\n<p class=\"c-paragraph paywall \">The dispute ended up in court, which heard that the talks could not find a solution and the case is due back in the new year. Farrelly\u2019s lawyers claim if he did make a mistake in building the extension, it was a genuine one.<\/p>\n<p><img decoding=\"async\" data-chromatic=\"ignore\" alt=\"A view of the extension from Jackie Revill's back garden on Burrow Road in Sutton. Photograph: Alan Betson\" class=\"c-image\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2025\/12\/IZY2JX2W7RCZHKCYACLRTTXWJM.JPG\"   width=\"800\" height=\"599\"\/>A view of the extension from Jackie Revill&#8217;s back garden on Burrow Road in Sutton. Photograph: Alan Betson <\/p>\n<p class=\"c-paragraph paywall \">Co Clare-based solicitor John Casey says he has seen a dramatic increase in disputes between neighbours over the past couple of years. Speaking generally about disputes \u2013 and not about a specific case \u2013 he attributes the increase, in part, to legislation governing harassment that was changed in 2023. <\/p>\n<p class=\"c-paragraph paywall \">\u201cPreviously, if you believed somebody was threatening you, you would go to the guards and they would decide whether to prosecute or not,\u201d he says.<\/p>\n<p class=\"c-paragraph paywall \">\u201cBut now people can bring a civil application. If a client had come in to me in the past, I would have said, \u2018Go to the guards\u2019 \u2013 but now the guards say, \u2018Go to your solicitor.\u2019\u201d<\/p>\n<p class=\"c-paragraph paywall \">He says there is a \u201cdeluge\u201d of such cases now coming to court in Clare.<\/p>\n<p class=\"c-paragraph paywall \">\u201cIn court today, the list had maybe five or six of them \u2013 and they generally take a considerable period of time too. By their very nature, everyone is in court giving their evidence.\u201d<\/p>\n<p class=\"c-paragraph paywall \">Casey\u2019s general advice to rowing neighbours is to avoid court if they can.<\/p>\n<p class=\"c-paragraph paywall \">\u201cOnce you go to court, then whatever sort of relationship there was there with your neighbour is gone \u2013 and you are left still looking over the fence at each other.<\/p>\n<p class=\"c-paragraph paywall \">\u201cIn right-of-way disputes, for example, we say to them: sure, you can go to court, but when it is finally listed the judge will say: \u2018Have you tried to settle this?\u2019 <\/p>\n<p class=\"c-paragraph paywall \">\u201cHe could end up making an order that doesn\u2019t suit anybody \u2013 and the costs could be substantial. I like to say you could build a section of the M50 for what it costs.<\/p>\n<p class=\"c-paragraph paywall \">\u201cI always try to talk people out of it. But sometimes it becomes an obsession for them. People want their day in court, despite our advice.\u201d<\/p>\n<p class=\"c-paragraph paywall \">Casey says such cases consume a huge amount of a solicitor\u2019s time and are priced accordingly. <\/p>\n<p class=\"c-paragraph paywall \">\u201cEven if you are getting paid, it is hard-earned money,\u201d he says. \u201cThere are endless emails, phone calls and meetings.\u201d<\/p>\n<p><img decoding=\"async\" data-chromatic=\"ignore\" alt=\"Mountain View Road in Ranelagh, Dublin 6 where two neighbours fell out over a cat named Coco using a neighbouring property as a toilet. Photograph: Chris Maddaloni\/The Irish Times \" class=\"c-image\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2025\/12\/LCYARDFYSZC33LWSSPJ3EE7GGU.jpg\"   width=\"800\" height=\"533\"\/>Mountain View Road in Ranelagh, Dublin 6 where two neighbours fell out over a cat named Coco using a neighbouring property as a toilet. Photograph: Chris Maddaloni\/The Irish Times  <\/p>\n<p class=\"c-paragraph paywall \">Legal observers believe the number of neighbourly disputes ending up before the courts could well increase due to the increased publicity around them. <\/p>\n<p class=\"c-paragraph paywall \">Media reports from the courts draw general attention to the ability of people to seek restraining orders through the legal system.<\/p>\n<p class=\"c-paragraph paywall \">Before the updating of the law around harassment and restraining orders, home extensions and property boundaries traditionally had been the source of much animosity between neighbours.<\/p>\n<p class=\"c-paragraph paywall \">And they still account for a big portion of disputes.<\/p>\n<p class=\"c-paragraph paywall \">Barrister Oisin Collins has represented clients in a number of cases covering these types of complaints.<\/p>\n<p class=\"c-paragraph paywall \">\u201cPeople are a lot more aware of their environment and more empowered by social media for remedies,\u201d he says.<\/p>\n<p class=\"c-paragraph paywall \">\u201cThey are able to find out quite quickly, through Google searches and websites like Reddit, what the experience of others has been. In a lot of cases people\u2019s biggest assets are their homes \u2013 and when things start happening that might affect the value of their home, they are more keen to protect it.\u201d<\/p>\n<p class=\"c-paragraph paywall \">Collins says there has been an increase in these disputes over recent years \u2013 in tandem with rising property prices and a dysfunctional property market.<\/p>\n<p class=\"c-paragraph paywall \">\u201cPeople are more willing to come to law to protect their property rights,\u201d he says. <\/p>\n<p class=\"c-paragraph paywall \">\u201cIt could involve an extension, or the playing of music all night by neighbours \u2013 and they feel it is taking value off their home. They don\u2019t have the same flexibility with property they used to have; they can\u2019t just go and buy another house.\u201d<\/p>\n<p class=\"c-paragraph paywall \">He says judges are \u201cvery unhappy\u201d with the growth in these cases and they are the \u201cworst kind\u201d historically for courts to have to deal with.<\/p>\n<p class=\"c-paragraph paywall \">\u201cThat said, if somebody comes along with a bona-fide action, the case has to be disposed of. Courts just have to get on with it.\u201d<\/p>\n<p class=\"c-paragraph paywall \">Solicitor and senior counsel Bill Holohan has mediated on numerous neighbourly disputes over the years. <\/p>\n<p class=\"c-paragraph paywall \">He notes that, by law, solicitors must now advise their clients of the benefits and cost savings that the mediation path offers \u2013 but they don\u2019t always listen.<\/p>\n<p class=\"c-paragraph paywall \">He finds people are increasingly quick to anger over \u201cthings like hanging branches and dumping grass cuttings\u201d and puts this down to a \u201ccultural shift\u201d.<\/p>\n<p class=\"c-paragraph paywall \">\u201cYears ago \u2013 in our parents\u2019 generation \u2013 you got on with people. Now we have this American-induced psychology of \u2018me and my rights\u2019,\u201d he says.<\/p>\n<p class=\"c-paragraph paywall \">\u201cBecause of this growing \u2018me, myself and I\u2019 attitude, there is a lack of community spirit, a lack of willingness to make allowances for others.\u201d<\/p>\n<p class=\"c-paragraph paywall \">On top of this, he says, is the traditional Irish attachment to property \u2013 and an inclination to want to argue.<\/p>\n<p class=\"c-paragraph paywall \">\u201cWe are a rebellious bunch of so-and-sos \u2013 just ask the British. We just feel very territorial. It is in our psychological make-up to have a fight,\u201d says Holohan.<\/p>\n<p class=\"c-paragraph paywall \">\u201cSometimes you just have to let people vent \u2013 let them talk to the point of exhaustion. The problem with a court is that it is an inquest into what happened and is focused on identifying blame. The whole purpose of mediation is to focus on solutions for the future. <\/p>\n<p class=\"c-paragraph paywall \">\u201cThey might not be entirely overjoyed or hugging going out the door, but it\u2019s their agreement. Whereas you can come out of court and one side is unhappy \u2013 or both sides are unhappy.\u201d<\/p>\n<p class=\"c-paragraph paywall \">So what is likely to draw a halt to this \u201cdeluge\u201d of cases? <\/p>\n<p class=\"c-paragraph paywall \">Oisin Collins detects that judges are increasingly willing to call out people for being unreasonable in their insistence on taking cases to the bitter end.<\/p>\n<p class=\"c-paragraph paywall \">And Holohan points to some recent examples of judges penalising solicitors who have not advised clients as to the availability of mediation in advance of litigation. <\/p>\n<p class=\"c-paragraph paywall \">\u201cOnly when judges apply penalties will people sit up and pay notice,\u201d he says.<\/p>\n","protected":false},"excerpt":{"rendered":"\u201cGood fences make good neighbours\u201d \u2013 so goes the old saying goes. That\u2019s generally deemed to be good&hellip;\n","protected":false},"author":2,"featured_media":191048,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[42,43,40,38,41,39],"class_list":{"0":"post-191047","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headlines","8":"tag-headlines","9":"tag-news","10":"tag-top-news","11":"tag-top-stories","12":"tag-topnews","13":"tag-topstories"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/191047","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=191047"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/191047\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/191048"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=191047"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=191047"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=191047"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}