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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.