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Heading
Case No: CA-2025-002117 & 002118
ON APPEAL FROM THE HIGH COURT OF JUSTICE (KING’S BENCH DIVISION)
THE HON MR JUSTICE EYRE
KB-2025-002908
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE BEAN
LADY JUSTICE NICOLA DAVIES
and
LORD JUSTICE COBB
Between :
SOMANI HOTELS LTD | Appellant |
- and - | |
EPPING FOREST DISTRICT COUNCIL -and- SECRETARY OF STATE FOR THE HOME DEPARTMENT | Respondent Intervener |
Robin Green and Natasha Peter (instructed by Sharpe Pritchard LLP) for the Claimant (Respondent)
Piers Riley-Smith (instructed by Richard Buxton Solicitors) for the Defendant (Appellant)
Edward Brown KC and Katharine Elliot (instructed by Government Legal Department) for the Intervener
Hearing date: 28 August 2025
Approved Judgment
This judgment was handed down remotely at 16:00 on 1 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Heading
- Lord Justice Bean, Lady Justice Nicola Davies, Lord Justice Cobb
- Factual background
- Events since April 2025
- Legal proceedings
- The proposed intervention of the SSHD
- The judgment of Eyre J
- The SSHD’s application for permission to appeal, and if granted, to appeal the refusal of joinder as a party and to appeal the grant of the injunction
- Statutory duty of the SSHD
- Engagement of the SSHD with this application
- Judgment refusing permission to intervene
- CPR Part 19
- SSHD’s Grounds of Appeal
- The arguments
- Discussion
- Approach to appeals in interim injunction cases
- The deliberate breach issue and the judge’s approach to planning law issues
- Submissions for the SSHD
- The Council’s response
- The deliberate breach issue
- The stop notice issue
- The incentivisation of protest
- The wider picture
- The status quo
- Delay
- Conclusions