Leeds City Council have been granted a court order banning unlicensed seasonal Sunday car boot sales from being set up on sites at Drighlington and Morley.
Peter Smith J accepted the council’s argument that the sites came within approximately 6.5 miles of Granary Wharf, where a Sunday market operates under licence from the council. The judge accordingly granted the council injunctions banning the car boot sales.
The rival market operators had argued that the council had breached the provisions of the Competition Act 1998, but the judge held that there was no evidence to show that the council had abused their position. He did not consider that they had adopted an obstructive policy.
Leeds City Council v Watkins and another Chancery Division (Peter Smith J) 25 March 2003.
Stuart Isaacs QC and Edward Cousins (instructed by the solicitor to Leeds City Council) appeared for the claimants; B Clive Freedman QC and Hugh Mercer (instructed by Levi & Co, of Leeds) appeared for the first defendant.
References: PLS News 26/3/03
