High Court Restricts Discovery – Lexology

Dispute between Foot Locker and Grafton Street Landlord.

Foot Locker Retail Ireland Ltd. v Percy Nominees Ltd. [2021] IEHC 211

Many will be aware of the ongoing High Court dispute between Foot Locker and the landlord of its shop on Grafton Street, Percy Nominees Ltd. (Percy). Last year, Foot Locker issued proceedings against Percy claiming frustration of the lease on their Grafton Street Store.

In its Statement of Claim, Foot Locker argues that Government measures put in place due to the COVID-19 pandemic have led to “an unprecedented and dramatic collapse in the pre-existing level of footfall in Grafton Street”. Foot Locker claims that the enforcement of a lease in a currently abandoned shopping area such as Grafton Street is a “commercial impossibility”.

On 26 March 2021, Mr Justice O’Moore delivered an interim judgment regarding Percy’s request for discovery against Foot Locker. Percy was seeking discovery of data and correspondence

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