IELCA 26 - Morrison to Smith Foy Solicitors

• Year: 2018
• Decision Date: 08 May 2018

1

[2018] IELCA 26

MICHELLE MORRISON

TO

SMITH FOY AND PARTNERS, SOLICITORS

DR.

IN THE MATTER OF

MICHELLE MORRISON

AND

DUN LAOGHAIRE / RATHDOWN COUNTY COUNCIL

REGARDING PLANNING PROCEEDINGS

1. The bill of costs relates to professional work carried out by the solicitors spanning the period

running from the month of May 2009 to February 2010.

2. Substantial correspondence files in three parts, cover the relevant work and time period. The

work relates to the Client’s concerns arising out of construction works carried out on her

neighbours’ adjoining property, which works, it was considered, were unauthorised under the

terms of the planning permission which had been granted to the said neighbours.

3. There is no doubt that there were numerous attendances by the solicitors on the Client and on

her architect, Mr Roe of Scott Tallan Walker in this regard. The list of alleged breaches of the

planning permission was extensive and was compiled by the said architect. It was furnished

initially to Mr Michael Corrigan, of Eugene F Collins, the neighbours’ solicitors by letter dated

25 May 2009 which enclosed the architect’s extensive report. It is not necessary, for the

purpose of this ruling to set out the contents of the report.

4. The bill refers to various meetings with Senior Counsel Mr John Gibbons, Mr Roe, Architect, Mr

Sam Feeney, Landscape Gardener and Mr D. Meagher, Surveyor.

5. The work also covers interaction with the Local Authority which gave rise to further advices

from Senior Counsel and retention of Mr Tom Phillips, Planning Consultant as to formulation of

a s.5 submission in conjunction with the architect and planning consultant.

6. Subsequent consultations following receipt of the response of the Planning Authority took

place. Instructions were submitted to Eamon Galligan, Senior Counsel from whom ultimately a

detailed opinion was obtained, considered and advised upon. The s.5 Appeals and submissions

were finalised with significant input from the solicitors and Counsel. Advices were given

concerning possible s.160 proceedings.