Courts / Carlow / Report
Dunnes secures injuction against 'Mr Price'
Summary
Dunnes Stores secured a High Court injunction preventing Mr Price from selling food products, but not groceries, from its unit at Barrow Valley Retail Park, Carlow, pending a full hearing. Judge Senan Allen granted the injunction for food items, including confectionery and bottled water, citing a restrictive covenant in lease agreements that barred other units from operating as supermarkets or discount food outlets. The injunction does not extend to groceries due to uncertainty over what constitutes a grocery and the plaintiffs' failure to specify prohibited items. Mr Price's representatives argued the orders were too vague and had already ceased selling food products pending the action. The judge ruled that damages would not be adequate and that the balance of convenience favored the injunction. Legal costs will be borne by the losing side, and the case will return in January for a full trial.
Who, what, where, when and why
What: Report matter: Dunnes secures injuction against 'Mr Price'. Procedural stage: hearing_or_decision
When:
- 2020-12-03 Publication
Why: This was because there was uncertainty over what products could be legally defined as 'groceries' and the orders sought did not state what products Dunnes claims Mr Price cannot sell in its store. CNI source report
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