Simmonds v. Cork County Council [2002] IEHC 17 (22nd February, 2002)

Simmonds v. Cork County Council [2002] IEHC 17 (22nd February, 2002)

The County Council's actions in restricting trading at Wolfe Tone Square, without extinguishing the market right in accordance with statutory procedure, amount to an effective extinguishment in excess of its regulatory powers under the Casual Trading Act, 1995. The plaintiffs have demonstrated real issues to be tried, damages are not an adequate remedy, and the balance of convenience favours granting interlocutory relief.

Citation
[2002] IEHC 17
Parties
First Plaintiff: Mr. Simmonds; Second Plaintiff: Irish Market and Street Traders Association Ltd.; First Defendant: Cork County Council; Second Defendant: Commissioner of an Garda Síochána
Jurisdiction
Ireland
Procedural Posture
Interlocutory Injunction Application / Interlocutory
Outcome
interlocutory injunction granted in part
Legal Topics
Market Rights, Casual Trading Regulation, Injunctions, Local Authority Powers
Administrative Law Property Law Market Rights Casual Trading Regulation Injunctions Local Authority Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Mr. Simmonds

First Plaintiff

Irish Market and Street Traders Association Ltd.

Second Plaintiff

Cork County Council

First Defendant

Commissioner of an Garda Síochána

Second Defendant

Procedural Posture

Interlocutory Injunction Application / Interlocutory

Legal Issues

  1. 1 Whether Cork County Council's actions amounted to an unlawful extinguishment of a market right without following statutory procedure
  2. 2 Whether the Casual Trading Act, 1995 applies to franchise markets with existing market rights
  3. 3 Whether the Council's bye-laws can restrict trading in Wolfe Tone Square without extinguishing the market right

Ratio Decidendi

The County Council's actions in restricting trading at Wolfe Tone Square, without extinguishing the market right in accordance with statutory procedure, amount to an effective extinguishment in excess of its regulatory powers under the Casual Trading Act, 1995. The plaintiffs have demonstrated real issues to be tried, damages are not an adequate remedy, and the balance of convenience favours granting interlocutory relief.

Court Disposition

interlocutory injunction granted in part

Orders

  • Interlocutory injunction restraining the defendants from interfering with the public right of concourse of buyers and sellers at Wolfe Tone Square pending trial.
  • Interlocutory injunction restraining the defendants from interfering with the participation of the first plaintiff in the market at Wolfe Tone Square.