Enterprise has secured a further judgment in the High Court relating to its rights to install
monitoring equipment in its tied pubs in particular at the Broad Green Tavern in Croydon.
This judgment follows the High Court decision in November 2011, where similar arguments
on implied terms and engagement of Weights & Measures legislation were also dismissed.
Ferdinand Kelly solicitors acted for our Publican in this case and were invited to concede the
case after the decision in November 2011 in the interest of avoiding costs. Their client chose
not to do so and sought to argue the previous High Court Decision should not prevail.
Mr Justice Warren was content to dismiss all the arguments put forward by the barrister
acting for our Publican following a hearing earlier this month and was content that Enterprise
were acting honestly and in good faith.
This was another expensive and unsuccessful legal excursion which was entirely
unnecessary. Costs were awarded in favour of Enterprise, and an order has been issued for
a substantial payment to be made within 14 days. This is in addition to the Publican’s own
significant legal costs.
Permission to appeal the judgment was refused by Mr Justice Warren on all grounds put
forward by the Publicans legal representatives.
Ted Tuppen CEO said
"Regrettably this was another expensive and unnecessary legal excursion. Publicans who
do not breach the purchasing obligations in agreements freely entered into have nothing to
fear from technology installed at thousands of public houses in the UK where there is a clear
and express agreement that the equipment selected by Enterprise can be installed.
In light of the reasoned judgment in this case, and previous cases, this should now draw a
line under the issue. Further proceedings would be a distraction from focussing on the real
issues facing the Pub industry in terms of taxation, red tape and supermarket pricing.