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

The Claimant began these proceedings on 11 August 2025. The claim form was served formally on the Defendant on 12 August 2025. The Claimant did not join CTM as a party to its claim. Nor did the Claimant serve CTM with the claim form.

On 11 August 2025, the Claimant made an application to the court for an interim injunction prohibiting the use of the Bell to accommodate asylum seekers until the trial of its claim or further order. The Claimant also applied for an interim declaration. On 15 August 2025 those interim applications were heard before Eyre J. The Claimant and the Defendant appeared by counsel at that hearing. On 19 August 2025 Eyre J handed down judgment refusing an interim declaration but granting interim relief in the form of an injunction restraining the use of the Bell to accommodate asylum seekers or otherwise than as a hotel, with effect from 12 September 2025 onwards until final judgment or further order of the court: see Epping Forest District Council v Somani Hotels Limited [2025] EWHC 2183 (Admin).

Shortly before judgment was handed down on 19 August 2025, the Home Secretary applied to be joined as a party to these Part 8 proceedings. Eyre J refused that application. On 28 August 2025 the Court of Appeal heard applications by the Defendant for permission to appeal against the grant of the interim injunction and by the Home Secretary for permission to appeal against the order refusing to join her as a party to these proceedings. On 1 September 2025, the Court of Appeal handed down judgment granting permission and allowing both appeals: see Somani Hotels Limited v Epping Forest District Council [2025] EWCA Civ 1134. The Court of Appeal ordered that the Home Secretary be joined to these proceedings as an intervener; and that the injunction granted by Eyre J on 19 August 2025 be discharged forthwith.

On 8 September 2025, Eyre J gave directions for this claim for a final injunction and declaration to be listed for hearing over 3 days beginning on 15 October 2025. On 19 September 2025 Clearsprings Ready Homes Limited [“CRHL”] made an application to be joined as a second intervener in these proceedings. On 3 October 2025 I made an order granting that application.

On 26 September 2025 the Defendant made an application under CPR Part 11 for an order declaring that the court had no jurisdiction to try this claim for an injunction under section 187B of the 1990 Act. On 3 October 2025 I adjourned that application for determination at the hearing of this claim. On 15 October 2025, at the beginning of the hearing I drew attention to the time limits in CPR Part 11(4) and (5) and indicated my provisional view that, the Defendant having not made its application within the period allowed, it was to be treated as having accepted the jurisdiction of the court to try the claim. Subsequently, I was informed that the Defendant did not seek to pursue its application. I do not, therefore, need to make a final decision in response to it.