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Epping hotel case could set precendent, court told Epping asylum hotel case could set precedent, court told
(32 minutes later)
The Bell Hotel has been at the centre of intense protests and counter-protests over recent weeksThe Bell Hotel has been at the centre of intense protests and counter-protests over recent weeks
An injunction that would temporarily block asylum seekers from being housed at an Essex hotel creates a "risk of a precedent being set", the Court of Appeal has heard. An injunction due to temporarily block asylum seekers from being housed at an Essex hotel creates a "risk of a precedent being set", the Court of Appeal has heard.
Lawyers for the Home Office and the Bell Hotel in Epping are trying to lift an injunction on the hotel being used to accommodate asylum seekers. Lawyers for the Home Office and The Bell Hotel in Epping have been challenging a High Court ruling stopping migrants from living at the venue.
At the start of a day-long hearing, barristers said the order to clear the hotel of 138 asylum seekers had been made without taking into account the precedent it would set. Mr Justice Eyre ordered all 138 asylum seekers must be removed from the hotel by 16:00 BST on 12 September, after legal action by Epping Forest District Council.
Edward Brown KC, for the home secretary, said: "The judge erred in declining to allow the Secretary of State to participate in the proceedings, given her unique institutional competence and her statutory duty." At the start of a day-long appeal hearing on Thursday, barristers said the "extremely high-profile nature of the issue" could be damaging for the asylum accommodation programme.
The court was told that the outcome of the case was of national importance because of the wider impact it could have on the asylum accommodation programme. Other councils have announced their intentions go to court and seek similar injunctions against the use of hotels in their areas.
Other councils have suggested that they will go to court to seek similar injunctions against the use of hotels in their areas. It followed Epping's local authority successfully arguing the hotel's use breached planning laws.
Last week, Mr Justice Eyre ruled the hotel cannot be used to accommodate asylum seekers from 12 September after an injunction sought by Epping Forest District Council. 'Hardship'
The council claimed that planning rules had been breached. It asked for it to be granted after thousands of people protested against the use of the hotel as asylum seeker accommodation. Piers Riley-Smith, for Somani Hotels, which owns The Bell Hotel, said the injunction created a "risk of a precedent being set".
Somani Hotels Limited said in a written submission to the court: "The issue of the use of hotels for asylum seekers is one of national importance and scrutiny." He added the ruling was set to cause "the loss of accommodation for asylum seekers", impacting the Home Office's ability to perform its legal duties to them.
It said there was no evidence it had deliberately set out to breach planning laws and said the loss of accommodation would impact on the Home Office's ability to perform its legal duties towards asylum seekers. There was "no evidence where exactly they would go" if the judge's decision was not overturned, Mr Riley-Smith added, claiming he "overlooked" the "hardship" they would face.
There was "no evidence where exactly they would go" if the injunction was not overturned, it added. Asylum seekers will face "hardship" if removed from the hotel, the court has been told
The Bell Hotel became the focal point of several protests and counter-protests in recent weeks after an asylum seeker housed there was charged with sexually assaulting a teenage girl last month. Before making his judgement on 19 August, Mr Justice Eyre refused an 11th-hour effort from the home secretary to get the case dismissed.
Hadush Gerberslasie Kebatu has denied the offence and has been on trial this week. However, in court on Thursday, her lawyer said the judge "erred in declining" Cooper to participate in proceedings.
Edward Brown KC said: "Her rights were clearly affected, and she ought to have been heard in the application."
He accused the council of not identifying a "significant planning concern" at the hotel.
It previously housed asylum seekers from May 2020 to March 2021, from October 2022 to April 2024, and since April 2025.
The council asked for the injunction to be granted after thousands of people protested against the use of the hotel as asylum seeker accommodation.
It became the focal point of several protests and counter-protests in recent weeks, after a migrant housed there was charged with sexually assaulting a teenage girl.
Philip Coppel KC, for the local authority, argued there was "no compelling reason" for the appeal bid to be allowed.
The hearing is expected to conclude later on Thursday.
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