THE publishers of a new British newspaper, Sunday Business, gave an undertaking in the High Court yesterday not to sell it in the State.
Mr Justice McCracken, however, refused to grant the Sunday Business Post an injunction" restraining the paper from being sold in the North. Sunday Business will be launched next Sunday.
The undertaking not to sell the newspaper in the State will remain until the hearing of the main action. The Sunday Business Post, trading as Post Publications Ltd Merchants House, Merchants Quay, Dublin, is seeking a permanent injunction against Sunday Business Ltd, Business Newspapers (UK) Ltd and Business Newspapers (Holdings) Ltd, Cavendish Square, London, and any new companies concerned in the publication of Sunday Business.
Mr David Barniville counsel for Sunday Business, said that an undertaking had been given not to the newspaper in the State on an interlocutory basis. They contended, however, that the court had no jurisdiction to make orders relating to Northern Ireland.
Dr Michael Forde SC, for the Sunday Business Post, submitted that the courts in the State had jurisdiction under the Brussels Convention.
Mr Justice McCracken said what he was dealing with was solely an application for an interlocutory injunction. The evidence indicated there was a strong probability that there was no jurisdiction in relation to Northern Ireland, but that was not an issue before him.
However, in view of that strong probability, he said it would not be proper for him to grant an injunction relating to Northern Ireland.