Simmonds v Kilkenny County Borough & ors [2011] IESC 20 (08 June 2011)

Simmonds v Kilkenny County Borough & ors [2011] IESC 20 (08 June 2011)

The Kilkenny Markets Act, 1861, by its clear and unambiguous terms, extinguished all prior market rights and moved them to the Market Yard. There is no evidence of a market for the appellant's merchandise at the Parade after 1861. The appellant has not established any market right to trade at the Parade, and thus is not entitled to any declaration of such right.

Citation
[2011] IESC 20
Parties
Plaintiff/appellant: Toby Simmonds; Defendant/respondent: Kilkenny Borough Council
Jurisdiction
Ireland
Judgment Date
08 June 2011
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Market Rights, Statutory Extinguishment, Casual Trading Regulation
Property Law Administrative Law Market Rights Statutory Extinguishment Casual Trading Regulation

Case Brief

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Parties

Toby Simmonds

Plaintiff/appellant

Kilkenny Borough Council

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant holds a market right to trade at the Parade in Kilkenny
  2. 2 Whether historic market rights survived the Kilkenny Markets Act, 1861
  3. 3 Whether market rights are subject to regulation under the Casual Trading Act, 1995

Ratio Decidendi

The Kilkenny Markets Act, 1861, by its clear and unambiguous terms, extinguished all prior market rights and moved them to the Market Yard. There is no evidence of a market for the appellant's merchandise at the Parade after 1861. The appellant has not established any market right to trade at the Parade, and thus is not entitled to any declaration of such right.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • High Court order affirmed