The High Court has dismissed a Home Office attempt to postpone by six weeks the full hearing of Epping Forest District Council’s (EFDC) legal challenge against the owner of the Bell Hotel over its use as accommodation for asylum seekers.
Mr Justice Eyre ruled on Thursday that the council was “entitled to proceed with its claim”, rejecting arguments from the Home Office and hotel owner Somani Hotels that the case was no longer urgent following a Court of Appeal ruling last week that overturned a temporary injunction granted in August.
Edward Brown KC, for the Home Office, told the hearing that the appeal court’s decision meant there was “no need for a speedy trial”. However, Philip Coppel KC, for the council, countered that “there is a continuing breach of planning control and the harm from that continues”. The judge agreed, stating it was “in the interests of all that the matters affecting the Bell Hotel are resolved in a reasonably expeditious way”.
The full trial of EFDC’s claim is due to be heard in the week of October 13. The council had originally obtained an interim injunction on August 19 to prevent the hotel from housing 138 asylum seekers after September 12, but the Court of Appeal overturned that block last week, describing the decision to grant it as “seriously flawed in principle”.
In the wake of the Court of Appeal ruling, Home Office minister Dame Angela Eagle said the Government remained committed to closing all asylum hotels by the end of this Parliament but had appealed to ensure a “controlled and orderly” end to their use. Conservative leader Kemi Badenoch criticised the Prime Minister and urged Tory councils to pursue legal action over similar hotel use in their areas. EFDC has been refused permission to appeal to the Supreme Court but may petition the court directly.
