The Corporation of London has lost the latest and perhaps last round in its High Court battle with the Covent Garden Market Authority.

At a hearing on February 6, Mr Justice Mitting dismissed the Corporation’s application for permission to commence judicial review proceedings in respect of the decision, made in June 2003 by Lord Whitty, the secretary of state for food and rural affairs, to allow Covent Garden Market Authority to permit face-to-face trading in meat and fish products at New Covent Garden.

The judge was reconsidering an earlier decision on the matter made on paper by Mr Justice Maurice Kaye (now Lord Justice Kaye) on December 10 last year. Mr Justice Mitting’s decision endorsed the previous refusal to grant permission in all respects, and he awarded costs against the Corporation, describing elements of its claim as being either “unarguable” or “hopeless”.

CGMA chairman Leif Mills told the Journal: “This is a magnificent victory for New Covent Garden and a victory for common sense. The court’s decision marks the conclusion of an issue that has been contested for years. Should the Corporation decide against its option to appeal, it gives us the green light to develop New Covent Garden in the way we desire.”

Daniel Caspi, chairman of the Corporation’s markets committee, said: “The Corporation initiated this judicial review to protect the interests of all our tenants at Billingsgate, Smithfield and Spitalfields Market. The Corporation is clearly disappointed with the decision of the High Court and will now take stock and consider what options will provide for the best long-term interests for the markets and the needs of those in Greater London whose livelihoods depend on the successful running of these markets.”

The Corporation has until today [February 13] to decide whether to appeal against the decision. If it does not do so, the Market Authority will be free to grant leases immediately.

Mills added: “We particularly welcome the fact that the decision is an endorsement of the principles of the Saphir Report. We shall now extend the leases of our three existing meat and fish traders to allow them to sell their produce ‘face-to-face’ at their premises, and will actively pursue the development of New Covent Garden as a composite market.”

Mills reiterated his statement of last year, that there are several parties interested in purchasing the Nine Elms site and that the situation as it now stands puts the market in a strong position to move forward as a going concern as and when landlord Defra disposes of its asset.

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