Casual traders seek court order allowing use of petrol generators

In what has been described as a test actio,n a Christmas stallholder on one of Dublin's busiest shopping streets has been given permission by the High Court to seek an order stopping the City Council from preventing traders from using a petrol generator to light up their stock.

Today at the High Court Mr Bryan McMahon gave Sarah Grace, Bovale Park, Artane, Dublin 5 permission to seek an order challenging Dublin City Council's decision to prohibit casual traders from using petrol or diesel generators to provide power for their stalls on Henry Street.

Caroline Kelly BL on behalf of Ms Grace applied on an ex-parte (one side only) basis for an interim injunction against the Council that would allow the traders use the generators.

Counsel said that this was a test action as there are up to 20 traders affected by the council's decision.

Ms Kelly said that the injunction was being sought because the traders believe that they have been badly treated by the council, whose decision she added had effectively "left them in the dark."

However the Judge refused to grant Ms Grace, who sells fairy lights and fibre optic products an interim injunction on the grounds that he could not make an order, on an exparte basis, that would allow the traders use generators which were "under question" by a fire office.

Mr Justice McMahon said he would allow short service of the papers and made it returnable to next week.