Shepherd's Bush Market Hangs in the Balance

Royal Courts of Justice

The Shepherd's Bush Market traders were in the Court of Appeal last week to contest the latest High Court decision in the ongoing legal battle over the future of the Market.

They have been locked in a five year battle with developer Orion over the future of the site.

The most recent event in this long-running legal dispute occurred almost a year ago, in July 2015, when market traders appealed the 2014 decision by Communities Secretary Eric Pickles to uphold a Compulsory Purchase Order (CPO) over the site.

What is the litigation about?

Shepherd's Bush Market

It's all rather complex. In the summer of 2015, Mr Justice Dove upheld a decision by Government Minister Eric Pickles decision to uphold the CPO, which would have let the development go ahead. 

At the same time, the Judge also rejected an application by the market traders for permission to appeal to the Court of Appeal.

What was the hearing last week?
Last week solicitors Leigh Day, who act for the market traders, took their legal challenge to the Court of Appeal, appealing the refusal of a right to appeal. This process of appealing the appeal has itself taken almost a year.

What happens next?
The Court of Appeal did not make an immediate decision, but will give their decision in their own time - probably a few weeks from now.

What happens if Orion win?
If the developer wins, then the Market redevelopment will probably go ahead. Unless, of course, the Market Traders appeal again, which they are entitled to do.

What happens if the Market Traders win?
If the Market traders win, then a full appeal of Mr Justice Dove's 2014 decision will be heard by the Court of Appeal.

How long will it all take?
Who knows? So far the process has taken many years, since at least 2011 when Orion acquired the site from TFL. Don't expect a full hearing of the appeal before 2017.

What is happening in the meantime?
In the meantime there is doubt and uncertainty over the future of the market. Without investment, footfall is dropping and market tenants are leaving. No-one is happy.

To see an interview with James Horada, chairman of the Market Tenants' Association, watch the short video at London Live below"






The Bush Telegraph offers a personal view on life in Shepherd's Bush. If you would like to contribute a story about our neighbourhood, email us at shepherdsbushblog(at)gmail.com. And do leave a comment in the section below.