{"id":562860,"date":"2026-07-22T17:07:34","date_gmt":"2026-07-22T17:07:34","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/562860\/"},"modified":"2026-07-22T17:07:34","modified_gmt":"2026-07-22T17:07:34","slug":"frozen-fruit-tub-seller-in-salthill-fails-to-secure-high-court-injunction-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/562860\/","title":{"rendered":"Frozen-fruit tub seller in Salthill fails to secure High Court injunction \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">The operator of a shop on Galway\u2019s Salthill promenade has been refused a High Court injunction preventing the sale of tubs of frozen fruit from a kiosk just 350m away. <\/p>\n<p class=\"c-paragraph paywall \">Blackrock Cottage Development Ltd, which operates a purpose-built shop at the end of the promenade, claimed its sales of a certain frozen fruit-based tub or boat \u2013 produced by Alainn Superfoods of Gort \u2013 had been severely affected by the sale of product from an outlet called \u201cThe Kiosk\u201d.<\/p>\n<p class=\"c-paragraph paywall \">Blackrock claimed it has an exclusive agreement with Alainn to sell the tubs in the Salthill\/Knocknacarra area, which Alainn was now breaching through the kiosk sales which was more prominently positioned along the promenade than Blackrock\u2019s shop. <\/p>\n<p class=\"c-paragraph paywall \">The claims were denied by Alainn.<\/p>\n<p class=\"c-paragraph paywall \">Judge Siobhan Stack said the contract between the parties \u201cwas not terribly clear\u201d, but the balance of convenience favoured not granting an injunction. <\/p>\n<p class=\"c-paragraph paywall \">She said an injunction would have meant shutting down part of the kiosk business at the busiest time of the year for such outlets. <\/p>\n<p><img decoding=\"async\" alt=\"\" class=\"c-image audio_image\" src=\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2025\/11\/1754647931518-c07d65db-55b5-463e-ae51-976300c5837e.jpeg\"\/>Aer Lingus job cuts and Ryanair\u2019s profits plunge &#8211; what is happening in the Irish aviation sector?<\/p>\n<p class=\"c-paragraph paywall \">Blackrock Cottage was also not able to show there was any threat to its business and no evidence of books and records was presented to show a catastrophic or even very serious effect on the business from the kiosk, she said.<\/p>\n<p class=\"c-paragraph paywall \">The judge also said there was a complete dispute between the parties about the meaning of the agreement between them and that would be a matter for the hearing of the full case.<\/p>\n<p class=\"c-paragraph paywall \">The judge agreed to a request from barrister Hugh Byrne, for Alainn Superfoods, to award the defendant the costs of the injunction application. Patrick Keane, solicitor for Blackrock, asked that costs be left to the full hearing.<\/p>\n<p class=\"c-paragraph paywall \">The judge added that this dispute seemed \u201cripe for mediation\u201d, especially when one looked at the amount of money paid for the contract.<\/p>\n","protected":false},"excerpt":{"rendered":"The operator of a shop on Galway\u2019s Salthill promenade has been refused a High Court injunction preventing the&hellip;\n","protected":false},"author":2,"featured_media":562861,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[6242,1122,49031,46426,46427,72,33513,56873,237822,36318,56875,4500,65310,61,56876,60,72396,237823,45135,47043,3404,237824,146328,26452,56883,2709,68200],"class_list":["post-562860","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-street","tag-architecture","tag-bench","tag-building-exterior","tag-built-structure","tag-business","tag-city","tag-cityscape","tag-cloud-sky","tag-coastline","tag-dusk","tag-galway","tag-galway-bay","tag-ie","tag-illuminated","tag-ireland","tag-lane","tag-light-natural-phenomenon","tag-night","tag-reflection","tag-republic-of-ireland","tag-rock-object","tag-salthill","tag-town","tag-urban-scene","tag-water","tag-window"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/562860","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=562860"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/562860\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/562861"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=562860"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=562860"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=562860"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}