KB-2025-002908 - [2025] EWHC 2937 (KB)

The Claimant’s solicitors filed the claim form in these proceedings in this court on 11 August 2025, naming Somani Hotels Limited as the sole Defendant to the claim. Neither the Claimant nor its solicitors gave any prior notice to the Defendant that the Claimant had decided to instigate proceedings for an injunction under section 187B of the 1990 Act to restrain the use of the Bell hotel as accommodation for asylum seekers (and for a declaration). There was no pre-action correspondence either from the Claimant’s lawyers or from its planning officers. The Defendant was first made aware of the proceedings when its solicitor was served with unsealed papers during the afternoon of 11 August 2025. The sequence of events thereafter, including the steps by the Home Secretary to be joined as a party to the proceedings, is set out in the judgment of the Court of Appeal: see [2025] EWCA Civ 1134 at [32]-[35].

On 12 August 2025, Mohammed Shawarq, an asylum seeker accommodated at the Bell was arrested for alleged offences of common assault and battery against other residents of the hotel.

On 14 August 2025 the Claimant’s solicitors asked the Defendant’s solicitors to provide a copy of the advice from the Home Office to which Mr Salmon had referred in his email to Mr Stubbs of 15 May 2025. The Claimant had not previously made that request. On 15 August 2025, the Defendant’s solicitors responded that Mr Salmon had received that advice verbally from Mr Blackburn. In her evidence to this court, Ms Ferdenzi said that nobody in her team at the Home Office, including her colleague Mr Blackburn, was a qualified planning professional or purports to give professional planning advice to Home Office accommodation providers or anyone else –

“We are not and never have held ourselves out to be planning professionals and planning issues were never discussed by me or my colleagues with Epping representatives during our many meetings and emails with them….It is the contractual responsibility of the Home Office accommodation providers (STM in the case of the Bell Hotel) to ensure compliance with local planning and licensing requirements”.

In her evidence Ms Thompson said that protests outside the Bell have continued during August and into September 2025. There were six protests between 14 August and 31 August, and a further 9 protests during September. There were also further incidents of associated violence and disorderly behaviour. On 31 August there were arrests, including of an individual who was arrested on suspicion of inciting racial hatred and racially or religiously aggravated criminal damage. On 5 September, a number of people were reported to have thrown projectiles including flares and firecrackers. There were incidents of harassment and anti-social behaviour. Ms Thompson said that as at 10 September, the police were reporting the arrest or interview of 32 people in connection with offences at these protests, of whom 22 had been charged. The meeting of full Council held at the Claimant’s offices on 15 September was subject to a protest, which involved abusive chanting and disruptive behaviour. Control measures put in place by Essex Police have extended to restrictions on equipment and materials, including banning the use of sound amplification equipment, prohibiting flares, fireworks, smoke bombs and other pyrotechnical devices, and the display of banners or signs containing offensive or discriminatory language.

On 4 September 2025, following a trial at Chelmsford Magistrates’ Court, Hadush Kebatu, the asylum seeker accommodated at the Bell who had been arrested on 8 July 2025, was convicted on five charges of sexual assault, engagement in sexual activity and harassment without violence committed on 7 July 2025 and 8 July 2025 against two victims, both of whom were teenage girls aged 14 and 16 years respectively. He was remanded into custody. On 24 September 2025 he was sentenced at Chelmsford Magistrates’ Court to 12 months’ immediate custody and made subject to a Sexual Harm Prevention Order for a period of 5 years.

On 30 September 2025, Mr Shawarq was convicted at Chelmsford Magistrates’ Court of six offences of assault and battery against four other asylum seekers accommodated at the Bell. The offences were committed on 25 July 2025, between 27 July and 11 August 2025 and on 12 August 2025. He was sentenced to 16 weeks’ immediate custody.

On 6 October 2025, Stuart Williams, Dean Smith and Martin Peagram were convicted and sentenced in the Crown Court at Chelmsford for offences of violent disorder committed outside the Bell hotel on 17 July 2025. Mr Williams was sentenced to two years and four months’ custody. Mr Smith was sentenced to one year and ten months’ custody. Mr Peagram was sentenced to two years and two months’ custody. In his sentencing remarks, the Judge said –

“…the impact on the community is important to note. Damage was caused to public locations, including Tower School (which specialises in care for neurodivergent children), and businesses were also forced to close. Chief Inspector Fisher describes Epping as close-knit community and the cumulative impact of this outbreak of violent disorder has been profound - causing anxiety among residents, distress to those working in the area, as well as the cost of physical damage to which I have already referred. The impact on police resources was also significant- mutual aid agreements were relied upon to provide officers from other police forces. Chief Superintendent Anslow describes the financial cost as being a projected £1.54 million, which far exceeds the annual budget for specialist operations. I’ve also taken into account the impact statements made on behalf of Shell, Tesco, a local landlord, a resident’s association in Epping, and other groups, all of which paint a distressing picture. As Chief Inspector Fisher puts it, ‘In my 20 years of policing, I have never witnessed disorder of this scale in Essex, and certainly not in a town like Epping. The events of 17^th July have left a lasting impact on the community, our officers, and the wider policing response across the country’.”