Michael McDowell (Dublin South East, Progressive Democrats)

I agree with the Senator. Most fair and reasonable solicitors should now inform their clients. The superior courts in England have now come to the point where they direct solicitors who fail to inform their clients about alternative dispute resolution, including conciliation and arbitration, that the solicitor may be liable for the costs of going to court. Without being too prescriptive again, sometimes people are very trigger happy with litigation and it might be a good idea if the courts fired a few shots across bows of people who go to court first and ask questions later, so to speak.

If a building owner fails within a reasonable time to pay reasonable costs or compensation under section 42(2), the adjoining owner can recover such costs and expenses or compensation as a simple contract debt in a court of competent jurisdiction. This is the remedy to allow the adjoining owner to get compensation from a court.