Shop seeks court order against rival kiosk over frozen fruit sales

A shop on Galway's Salthill promenade is pursuing a High Court injunction to stop a kiosk, located just 350 meters away, from selling frozen fruit tubs. Blackrock Cottage Development Ltd, which operates the shop, argues it has an exclusive agreement with Alainn Superfoods to supply these products within the Salthill and Knocknacarra area.

Brian McHugh, director of Blackrock, stated in an affidavit that the exclusive agreement was made on August 14, 2023, for a five-year period, with Blackrock paying an initial fee of €24,000. He claims that on May 15, Alainn began selling the tubs from "The Kiosk" in "blatant breach" of this contract. Despite a cease-and-desist letter from Blackrock's solicitors, the sales continued.

McHugh further asserted that the kiosk, which is more prominently situated, has significantly harmed the shop's sales. Blackrock's solicitor requested an injunction to enforce the agreement or prevent its breach. Judge Brian Cregan indicated he was prepared to grant the injunction unless the defendant could provide a compelling counter-argument, ordering short service of the legal papers.

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in blatant breach