Senior judges prepare to rule on whether to overturn asylum seeker hotel injunction

Senior judges person been warned an injunction which would prohibition asylum seekers from being housed astatine an Essex edifice could spark further protests if they determine not to overturn it connected Friday.

The Home Office and Somani Hotels, which owns The Bell Hotel successful Epping, are seeking to situation a High Court ruling that volition halt 138 asylum seekers from being housed determination beyond 12 September.

In a ruling past week, Mr Justice Eyre granted Epping Forest District Council (EFDC) an interim injunction aft the authorization claimed that Somani Hotels had breached readying rules by utilizing the edifice arsenic accommodation for asylum seekers.

The edifice has go the focal constituent of respective protests and counter-protests successful caller weeks aft an asylum seeker housed determination was charged with sexually assaulting a teenage girl.

At the extremity of Thursday's proceeding astir whether to overturn the impermanent injunction, Lord Justice Bean, sitting with Lady Justice Nicola Davies and Lord Justice Cobb astatine the Court of Appeal, said that they would manus down their judgement connected Friday afternoon.

He said: "Because of the large urgency of this matter, we volition purpose to springiness judgement astatine 2pm tomorrow."

He continued: "If it proves impractical for america to conscionable the deadline, we volition fto radical cognize successful advance."

The Home Office is besides seeking to situation Mr Justice Eyre's determination not to fto it intervene successful the case, portion the assembly opposes the entreaty bids.

Since the High Court judge's ruling past week, different councils, including Labour-run authorities, person publically announced their volition to question ineligible proposal implicit whether they could execute akin injunctions for hotels successful their areas.

In written submissions for the proceeding connected Thursday, Edward Brown KC, for the Home Office, said ending the usage of hotels to accommodate asylum seekers "requires a structured response", and that idiosyncratic injunction bids "ignore the evident effect that closure of 1 tract means that capableness past needs to beryllium identified elsewhere".

Analysis: Epping protests are conscionable the latest flashpoint of frustration

He said: "The justice did not grapple with this. He had nary respect to the evident hazard that different section readying authorities would follow the aforesaid approach; that is to say, to usage readying concerns arsenic a means of appeasing section governmental unrest regarding asylum accommodation generally.

"This injunction fundamentally incentivises different authorities who privation to region asylum accommodation to determination urgently to tribunal earlier capableness elsewhere successful the strategy becomes exhausted. That creates a chaotic and disorderly approach."

He added: "The granting of an interim injunction successful the contiguous lawsuit runs the hazard of acting arsenic an impetus for further protests, immoderate of which whitethorn beryllium disorderly, astir different asylum accommodation.

"This is connected the ground that the protests successful Epping look to beryllium a worldly origin down the determination present to bring this assertion and not to instrumentality readying enforcement enactment arsenic would usually beryllium expected."

It comes arsenic Hadush Gerberslasie Kebatu, the asylum seeker charged with sexually assaulting a teenage girl, has been connected proceedings this week aft denying the alleged offence.

Another antheral who was surviving astatine the site, Syrian nationalist Mohammed Sharwarq, has separately been charged with 7 offences, portion respective different men person been charged implicit alleged upset extracurricular the hotel.

The edifice antecedently housed asylum seekers from May 2020 to March 2021, from October 2022 to April 2024, and since April 2025.

Single males were besides housed astatine the edifice betwixt October 2022 and April 2024, but this twelvemonth marked the archetypal clip the assembly had taken enforcement enactment erstwhile it issued ineligible proceedings earlier this month.

Granting the impermanent injunction connected 19 August, Mr Justice Eyre stated that the assembly had not "definitively established" that Somani Hotels had breached readying rules, but that the institution had "sidestepped nationalist scrutiny and explanation" by lodging asylum seekers astatine the tract without readying permission.

Piers Riley-Smith, for Somani Hotels, said successful written submissions connected Thursday that Mr Justice Eyre "overlooked" the "hardship" that would beryllium caused to asylum seekers if they were required to move.

He continued that the "extremely high-profile quality of the issue" created a "risk of a precedent being set".

Mr Riley-Smith besides said that the injunction would origin "financial harm" to the company, having told a erstwhile proceeding that the declaration to accommodate asylum seekers was a "lifeline" and that the edifice had been lone 1% afloat successful August 2022, erstwhile it was unfastened to paying customers.

The assembly has opposed the entreaty bids, with barrister Philip Coppel KC stating successful written submissions that the lawsuit "sets nary precedent" and determination was "no compelling reason" for the injunction to beryllium overturned.