A judge has directed that proceedings be brought against a county council boss seeking his attachment and possible committal to prison over an alleged breach of a High Court order linked to the location of snackfood outlets in a car park.
The applicaiton may not proceed if Wicklow County Council ensures the order is adhered to, Mr Justice Paul Gilligan said.
He directed the application against the Wicklow county manager should be brought before the court on Thursday arising from a dispute between the food businesses trading from a car park used by tourists visiting the Glendalough monastic site.
It may not be necessary for the court to deal with the matter if the council provides supervision to ensure no further breach of the order, he said.
James and Margaret Stakem, who have operated their outlet at the upper car park in Glendalough for more than 30 years, obtained a court order last month against the council over its alleged failure to ensure a rival operates within its designated trading area in the car park.
Rival
The Stakems say the rival, Irish Popcorn and Snackfood Co Ltd, started trading directly in front of their outlet last March. While the rival, which also operates the car park, later moved, it was still not within its designated casual trading area, it was claimed.
Last month, the court ordered the council to ensure the rival operates within a specific area but the Stakems came back to court complaining that was still not happening.
Last week, Mr Justice Gilligan ordered the parties to meet on site and agree where the rival should operate.
On Tuesday, Peter Shanley BL, for the Stakems, said there had been “deliberate and conscious breach” of the court order over the weekend with the rival still operating outside its area.
Carol O’Farrell BL, for the council, said an apology had been given on affidavit by the council for the breach and it was now fully in compliance with the order.
Mr Justice Gilligan said he wanted the Stakem’s lawyers to issue attachment and committal proceedings against the county manager.
He hoped it may not be necessary for the court to deal with them on Thursday if, in the meantime, someone from the council would go to the car park and ensure the order is adhered to.
On Monday, the Stakems obtained leave from another judge to challenge the council over the issuing of a casual trading licence to the rival claiming the local authority acted in excess of its jurisdiction by allowing it to trade in a manner not allowed by law.
Irish Popcorn and Snackfood is a notice party in that case.