Out-of-court settlement for Dublin aparthotel dispute

George Sell George Sell Uploaded 18 June 2020

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Ireland: A High Court dispute over a planned seven-storey aparthotel development in James’s Street, Dublin has been resolved through mediation.

The dispute between Tathony Holdings Ltd, the owners of the Tathony House apartments at Bow Lane West, and the aparthotel developers JSH centred on the apartments’ “right to light”.

Tathony Holdings Ltd brought the proceedings against JSH James’s Street Hotel Ltd over its plans for a seven-storey aparthotel on a derelict site at 180-184 James’s Street.

Tathony claimed the proposed development will interfere with its “easement of light”. It sought declarations that its property was accommodated by an easement of light over the JSH site. It also sought orders including to restrain any development which would interfere with the alleged easement.

According to the Irish Times, JSH claimed the Tathony objection appeared “primarily concerned” that the grant of permission may thwart its (Tathony’s) development ambitions for its own property.

The case was due for hearing next month in the High Court’s fast-track Commercial Court division, but the court was told this week the matter had been resolved following mediation.

Mr Justice David Barniville congratulated the parties for resolving what was a complicated case through mediation. He granted orders, on consent, striking out the proceedings with orders for costs in favour of Tathony.

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