A CASUAL trader has lost his Supreme Court case against Kilkenny Borough Council over his alleged right to sell goods in the city.
The action by Toby Simmonds was regarded as a test case concerning casual trading regulations. Mr Simmonds, Toonsbridge, Macroom, Co Cork, who sells olives and Mediterranean-style foods, had brought court proceedings in 2007 against the council. He claimed a right to trade at the Parade location in the city.
Trading as “The Real Olive Company”, Mr Simmonds argued his right to hold a market was established in the city under the Kilkenny Markets Act of 1861.
Mr Simmonds sought to trade at the Parade but the council opposed that and, in 2003, introduced bylaws under the Casual Trading Act which designated another part of the city for casual trading. While stating he had no problem with regulation, Mr Simmonds said those bylaws had “ruined the market”.
During the case, the well-known chef and food writer Darina Allen gave evidence in support of Mr Simmonds. She said she felt very strongly about the importance of local food markets in Ireland.
The High Court dismissed Mr Simmonds’s case and ruled the council was entitled to control the market. The judge found there were no “market rights” at the Parade location. Mr Simmonds appealed those findings.
Yesterday, a three-judge Supreme Court comprising Mr Justice Nial Fennelly, presiding and sitting with Mr Justice Joseph Finnegan and Mr Justice Donal O’Donnell, unanimously ruled Mr Simmonds had not established any right to trade at the Parade.