Northern Ireland

Injunction which forced Newry gym to remain closed is to be revoked

The high court in Belfast
The high court in Belfast The high court in Belfast

AN injunction which forced a Newry gym owner to close his business is to be revoked, a High Court judge has ruled.

The order obtained by police against Declan Trainor was rescinded due to a legal requirement for authorisation from the Attorney General.

But Mr Justice McFarland stressed his decision does not clear the way for the gym to open up again during current Covid restrictions.

Mr Trainor runs premises known as The Gym in Newry city.

In December the PSNI secured an ex parte injunction ordering him to keep the facilities closed until permitted to trade again by coronavirus regulations.

It was contended there is evidence that he had allegedly breached regulations and ignored approaches from police.

Mr Trainor sought to discharge the injunction on the grounds that only the Attorney General can bring proceedings to restrain commission of a criminal offence.

He also contended that the terms of the order were unlawful and unconstitutional.

Mr Justice McFarland identified clear legal authority that any litigation to preserve a public right cannot be brought by a private citizen or private or public body without the consent of the Attorney General.

He held that the regulations do not permit the Chief Constable to commence civil action in his own name without that authority.

"In the circumstances the injunction granted by the court on December 31 2020 cannot stand and is revoked," the judge said.

Proceedings were adjourned for two weeks to enable the Attorney General to take any steps considered appropriate.

Mr Trainor's legal representative, Martin Durkan of KRW Law, welcomed the verdict.

"He feels totally vindicated and has every intention of complying with the undertaking not to reopen his gym until things change."