Victory for Rasen stallholders in dispute over eviction

Bryan Spittlehouse and Jennie North of Norths Fruit and Veg who launched a petition after being given an eviction notice.
Bryan Spittlehouse and Jennie North of Norths Fruit and Veg who launched a petition after being given an eviction notice.
  • Town Council now faces paying costs
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Market Rasen’s fruit and veg stall has won its fight to continue trading in the town.

Market Rasen Town Council now faces paying costs to Bryan Spittlehouse and Jennie North of North’s Fruit and Veg, who took legal action after being served with an eviction notice for allegedly ‘moving council property’, opening the market without ‘correct authorisation’ and ‘unacceptable behaviour’.

A court document – approved by Leeds High Court of Justice on August 25 – states how the council and the traders agreed to a consent order, which reads: “The defendant [the town council] concedes that in revoking the market licence, it failed to provide sufficient reasons for its decision and further concedes that in relation to any further decision by the defendant in respect of the market license the process followed by the defendant must be procedurally fair, to include the opportunity for the claimants [the traders] to make representations and to know the allegations made against them.”

Market Rasen mayor John Matthews has confirmed North’s Fruit and Veg stall will be staying in the town but says he has ‘no comments at this time’ on the outcome of the case.

Coun Matthews says the case between the council and the traders is not yet fully resolved as exact costs still need to be agreed.

On September 14 the Rasen Mail published an article stating the mayor had said the case would be going to the High Court on September 15. On September 21 we ran an article stating that the case had not gone ahead.

Coun Matthews stated: “At the time we spoke what I said to you was accurate and correct.”

The traders were served with an eviction notice in January this year, asking them to vacate the Market Place by April 8.

About 2,500 people then signed a petition against the move, and the traders said they were left ‘baffled’ by the decision. North’s Fruit and Veg stall has served the town since 1958. Mrs North’s parents started the stall and her brother took over in 
2000.

Mr Spittlehouse and Mrs North have run the stall for about 10 years.

The pair’s solicitor was in the process of contacting their clients to see if they would like to comment at the time of going to press.