Wednesday 13 December 2017

Van's ex-wife Michelle drops case over sea view

Michelle Morrisson
Michelle Morrisson
Conor and Eileen Kavanagh

Michelle Morrison's High Court case over sea views and privacy from her Dalkey home is no longer proceeding.

The case was due to enter its 5th day yesterday when her counsel Mark Sanfey said his client had "considered the matter over the weekend and decided she does not wish to proceed with her claim".

Mr Justice David Keane said on the basis he was told the matter was being withdrawn, he was dismissing the case.

Over the weekend also, singer Van Morrison, who was married to Ms Morrison, issued a statement dissociating himself from the legal action and said he had never lived in Kilross House, Sorrento Road, Dalkey.

He said the court action "was brought by Michelle Rocca and I have no part in it".

"As we have been legally separated since September 2013 I would appreciate if I was not included in any further references to this ongoing action."

Ms Morrison told the court last Friday that Van initially thought about using Kilross as a recording studio but later "we decided it would be a family home".

She said privacy was an important consideration for Van who liked to be able to get out of his car and go to his front door without being overlooked. Views of Dalkey Island from Kilross were also important for her, she said.

It was Ms Morrison's second action over work by neighbours Conor and Eileen Kavanagh on their Mount Alverno home. The previous one, brought against the local council in relation to compliance with planning permission, was settled.

Esmonde Keane SC, for the Kavanaghs, asked the court to "mark its opprobrium" over what was a vexatious and unstateable case by awarding costs beyond the normal so that his clients would recover the actual costs there had been in defending the case.

Their enjoyment of their principal private residence had been "utterly tarnished" and their lives had been made "a living hell" for the last six years during which it was abundantly clear there was no basis for the claim, counsel said.

Mr Justice Keane said he wanted to carefully consider the issue of costs and would give a decision later.

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