HIGH court judges have thrown out a prosecution against organisers of a Sunday market after a last minute U-turn by Bolton Council. The judges overturned a previous conviction against the organisers and ordered the council to pay the legal costs of the appeal.

City Park Properties was originally fined £750 and ordered to pay £263 costs for holding a Sunday market on King Street, Farnworth, following a council prosecution last March.

Market organisers were due to appeal against the conviction in the High Court in London yesterday,

But their counsel Paul Tucker told Mr Justice Gage and Lord Justice Brown that Bolton Council had had a change of heart.

He said: "The council consents to the appeal being allowed. They indicated by telephone that they wanted the court to deal with the matter but they have not seen fit to attend."

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