Toby's Battle

Toby Simmons Vs The County Council of the County of Cork and the Commissioner of An Garda Siochana, Ireland and the Attorney General

Toby Simmonds' battle with the Bantry town commissioners and Cork County Council, over the right to trade freely in Bantry, was reported in last month's Megabytes. The case proceeded to a full hearing on the issue of an interlocutory injunction before Mr Justice Andreas Ó Caoimh in the High Court, when the judge found in Mr Simmonds' favour, ruling that the ancient market rights had not been extinguished by the Council. An injunction restraining the council from interfering with Mr Simmonds' right to trade was granted.

As reported by Frank O'Donovan in The Southern Star, local County Councillor Mr Vivian O'Callaghan described the affair as "an absolutely appalling performance by the council and we have been held up to public odium. How is it that the machinery to extinguish these rights was not put in place by the council's law department over the past five or six years?" he asked at a meeting of Cork County Council.

The ruling is significant not merely in respect of Bantry, but also in regard to the developments in another West Cork town, Skibbereen, where traders have been at odds with the council over market rights at the Fair Field. As the law now stands, where existing market rights have existed and not been extinguished, it means that artisans can sell their foodstuffs wherever that right exists,, a situation which will surely be applauded by food lovers who relish the colour, diversity and seasonality of Irish markets.

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