Piers Riley-Smith, representing Somani Hotels Ltd, has successfully appealed against the High Court’s decision to grant an interim injunction which would have temporarily required the Appellant to stop using the Bell Hotel in Epping as accommodation for asylum seekers.
The interim injunction was applied for by Epping Forest District Council pursuant to section 187B of the Town and Country Planning Act 1990. Mr Justice Eyre had granted the injunction on 19th August 2025, and it was due to come into effect on 12th September 2025.
The Court of Appeal today granted permission to appeal and concluded that Mr Justice Eyre had made “a number of errors of principle” which undermined his decision to grant the injunction. This meant that the key legal test of whether the balance of convenience lay in favour of the grant of the injunction was flawed and the injunction should be set aside.
In particular, the Court of Appeal agreed with the Appellant that the Council’s delay in taking action of any kind against the use of the hotel was a significant factor weighing against the grant of the injunction. It also agreed that Mr Justice Eyre had wrongly characterised – and relied on – the Appellant’s actions as a “deliberate breach” of planning control which should be given significant weight in favour of the injunction.
The Court of Appeal press summary can be read here. The full judgment will be published in due course.
Piers Riley-Smith was instructed by Lisa Foster of Richard Buxton Solicitors
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