Former Tesco potato Supplier fails to fast-track legal action against supermarket

A former Irish potato supplier to supermarket giant Tesco has failed to have a legal action for alleged breach of contract and personal injuries entered into the fast track Commercial Court list.

Paul Sweeney, trading as Paul Sweeney & Co, Newcastle, Co Dublin, is suing Tesco Ireland claiming he spent millions between 1998 and 2006 investing in facilities based on an agreement to supply potatoes for the Irish stores but which the supermarket firm terminated without reasonable notice. Mr Sweeney is also claiming damages for bullying, nervous shock, assault and battery arising out of meetings and contacts with a Tesco executive during negotiations on the agreement to supply the stores.

Tesco denies his claims.

Mr Justice Brian McGovern Monday (June 8) declined to admit the case to the fast-track Commercial Court which means it will now go through the normal court list.

The judge said he was doing so because it relates to allegations dating between 2008 and 2011 and fell outside the scope of Commercial Court rules requiring that it deal with cases that need to be heard expeditiously.

There was also the fact that this case involved personal injuries which was also outside the scope of a Commercial Court case.

The potato trader - no longer in business - is seeking €8.5m plus unspecified damages.