Council fails to stop arcade

Derby City Council's attempt to block a proposed shopping arcade by citing the traditional rights of the council's market has been thwarted by a High Court decision.

In Shops Centre had gone to the High Court in October seeking declaratory relief and arguing that its proposed shopping centre would not constitute a rival and therefore contravene the Derby Council's traditional market rights.

In his decision Mr Justice Timothy Lloyd agreed with In Shops, saying that as there was no provision for a "concourse of sellers" it did not breach the terms of the charter protecting the market.

Edward Cousins, a barrister of 11 Stone Buildings, acted for In Shops.