North West bookmakers Ltd t/a Ladbrookes and Gala Case Ltd t/a Toals Bookmakers
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Judgment Date | 19 September 2019 |
| Neutral Citation | [2019] NICh 12 |
| Court | Chancery Division (Northern Ireland) |
| Date | 19 September 2019 |
1
Neutral Citation No: [2019] NICh 12
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McB11008
Delivered: 19/09/2019
2018/33157
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION
________
Between:
NORTH WEST BOOKMAKERS LTD t/a LADBROKES
Plaintiff
and
GALA CASE LTD t/a TOALS BOOKMAKERS
Defendant
________
McBRIDE J
Introduction
[1] The plaintiff by Notice of Motion dated 28 March 2018 seeks an interlocutory
injunction to restrain the defendant from making or continuing to make an
application for a bookmaking office licence in respect of premises situate and known
as 12-14 Quay Street, Bangor (“the subject premises”) on the basis of an agreement
dated 8 March 2004.
[2] This application was grounded on a writ issued on 23 March 2018 whereby
the plaintiff sought the following relief against the defendant:
(i) An injunction restraining the defendant whether acting by its officers,
directors, servants and agents or otherwise howsoever, from making an
application for a bookmaking office licence in respect of the subject premises;
(ii) A declaration that the defendant, whether acting by its officers, directors,
servants and agents, is prohibited from making an application for a
bookmaking office licence in respect of the subject premises;
2
(iii) A declaration that the defendant, whether acting by its officers, directors,
servants and agents, shall not financially assist and/or nominate any person,
partnership or company in making an application for a bookmaking office
licence in respect of the subject premises;
(iv) A declaration that the defendant, its officers, directors, servants and agents,
are obliged to observe and perform and adhere to the agreement dated
8 March 2004 in the future;
(v) Damages;
(vi) Interest; and
(vii) Costs.
[3] The plaintiff was represented by Mr Brian Fee QC with Mr Atchison of
counsel. The defendant was represented by Mr Liam McCollum QC with
Mr Michael Lavery of counsel. I am grateful to all counsel for their detailed and
well-researched skeleton arguments and oral submissions.
Evidence
[4] The plaintiff’s application was grounded on the affidavits of:
Edward McAllister, Solicitor, sworn on 28 February 2018; a replying affidavit sworn
on 10 July 2018 and a supplementary affidavit sworn on 13 March 2019. The
defendant’s evidence consisted of an affidavit filed by Damien Agnew, Solicitor,
sworn on 25 May 2018. I note that the affidavits refer not only to factual matters but
also contain a number of legal arguments. Affidavits should only contain evidence.
In the event affidavits refer substantially or only to legal arguments the court may
disallow the costs of same. This court further reminds practitioners of the
importance of abiding by the provisions of Order 41 as a failure to do so may mean
that the court will either give little or no weight to the affidavit evidence and/or
disallow the costs of same.
Background/Chronology
[5] The following background facts set out in the affidavit evidence filed by
Edward McAllister are not in contention, as appears from the affidavit of
Damien Agnew:
(a) Toals Bookmakers (“Toals”) made an application (“Toals’ Application”) dated
1 May 2002 under Article 26 of the Betting, Gaming, Lotteries and
Amusements (Northern Ireland) Order 1985 for an order authorising them to
carry on a bookmaking office business temporarily at the subject premises, on
the basis that they were unable, for reasons falling within Article 26, to carry
To continue reading
Request your trial