Warring sides going to the mattresses

Feathers may fly as Waterford-based publican and auctioneer Garreth McCarthy is locked in a dispute with Michael 'Mattress Mick' Flynn. 

Mr Flynn is the founder of the Mattress Mick Group franchise and owns a chain of mattress stores across the country. Mattress Mick has attracted a great deal of attention and notoriety for his colourful personality and quirky internet presence. Mr McCarthy is the largest franchisee of the group and operates two stores in Waterford and Carlow.

As reported in The Sunday Times by Barry J. Whyte, the men are in disagreement over plans to open another store in Portlaoise under another franchisee. Mr McCarthy believes that such a placement goes against the 60km "exclusive territory" of the Carlow store. 

The article stated: "He claimed in court that he was under the impression that the area within the 60km radius of his Carlow store was his exclusive territory, based on 'draft-written agreements' between the two sides. However, Judge Marguerite Bolger ruled in late November that the agreements were 'never finalised or signed'."

A new agreement was signed in January but it reduced the exclusive territory to 30km and stated that the relationship could be severed within 30 days. 

"Bolger noted that McCarthy 'says that he signed it without fully reviewing it and having been assured by [Flynn] that there was no change to the terms'."

In October, Mr Flynn issued a notice showing an intention to terminate his contracts under the terms of the new agreement. Mr McCarthy attempted to file an injunction to stop the new shop from opening and to block the termination of his franchise agreements. However, the judge ruled that his arguments were "insufficient". 

Lawyers for Mr McCarthy indicated that he is considering an appeal.