Dunnes resists Mr Price appeal over grocery sales

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Dunnes Stores successfully resisted an appeal over restrictions on grocery sales by Mr Price at the Barrow Valley retail park, subject to a limited variation. The proceedings were reported on 19 February 2024.

Delivering judgment for the Court of Appeal, Mr Justice Robert Haughton upheld the effect of the restrictive covenants under which Mr Price could not sell groceries in competition with Dunnes, the park’s anchor tenant. Mr Price traded from Unit 4.

The court dismissed the appeal except in respect of a third declaration, which it varied to clarify that the included items had to be non-durable. It proposed that the appellants pay 90 per cent of the respondents’ appeal costs and said a short costs hearing would be arranged.