Legal dispute resolved between operators of Kilkenny store and landlord

Case had centred around the proposed redevelopment of Nassau St shop in Dublin, which was approved by Dublin City Council and An Bord Pleanála

Clydaville Investments, which runs the Nassau St store, had brought proceedings arising over €150m plans by the landlords, Setanta Centre Unlimited Company, to redevelop the centre.

A Commercial Court dispute between the operators of the Kilkenny shop and restaurant on Dublin's Nassau St and its landlord has been settled.

Clydaville Investments, which runs the Nassau St store and many other Kilkenny Group outlets specialising in the promotion of Irish crafts and design, had brought proceedings arising over €150m plans by the landlords, Setanta Centre Unlimited Company, to redevelop the centre.

The case was due to commence before Mr Justice Michael Quinn last Wednesday but was adjourned to allow the sides to enter into out-of-court settlement talks.

When the case returned before the judge on Tuesday, the court was informed by Declan McGrath, for Clydaville, that following discussions, the parties had reached an agreement and the dispute between them had been settled.

All that was required from the court was to strike out the proceedings and vacate all previous orders made in the case, said Mr McGrath, adding that the court did not need to make any order regarding the costs of the proceedings to date.

Eoin McCullough, for Setanta, said his client was consenting to those proposals.

No details of the settlement, which is understood to be confidential, were revealed in open court.

The case had been listed to run before the court was listed for 10 weeks.

Mr Justice Quinn welcomed the settlement, expressing his hope that the proposed plan goes well, and formally struck out the proceedings.

Proposed redevelopment

The case had centred around the proposed redevelopment, which Clydaville had objected to, of the Setanta Centre which was approved by Dublin City Council and An Bord Pleanála.

Clydaville claimed rules and regulations advanced by the Setanta owners as part of the proposed works would interfere with pedestrian and vehicular access, including deliveries, to its Nassau St outlet.

These planned rules would completely undermine the operation of the business of the plaintiff if implemented in full, Clydaville alleged.

Clydaville was further concerned about the practicability of restricting access for deliveries to the centre to four hours a day.

It had also claimed that the proposed rules have nothing to do with the operation of the Setanta Centre but rather are designed to get the plaintiff out of the way while the redevelopment is executed.

In its action, the applicant had sought several orders and declarations including the prohibition on the implementation of the new rules and an order preventing the defendant from interfering with ingress/egress from the premises.

The defendant had denied all of the claims against it.