London Borough of Brent, R (on the application of) v FED 2000 & Ors

London Borough of Brent, R (on the application of) v FED 2000 & Ors

There is a serious question to be tried as to whether FED 2000 and Elrahma acted together in relation to the school premises and whether FED 2000 breached the order by failing to resist or inform Brent of the lease termination. Interlocutory relief is justified to maintain the status quo pending a full hearing, and Elrahma should be joined as a defendant.

Parties
Claimant: The London Borough of Brent; First Defendant: FED 2000; Second Defendant (trustee of Elrahma): Mr O Megerisi; Third Defendant (trustee of Elrahma): Mr Patrick Daniels; Fourth Defendant (trustee of Elrahma): Mr Abubaker Megerisi; Fifth Defendant (trustee of Elrahma): Mr Hazem Megerisi; Sixth Defendant (trustee of Elrahma): Mr Otman Megerisi
Jurisdiction
England and Wales
Judgment Date
12 September 2006
Procedural Posture
Judicial Review / Interlocutory Application for Urgent Relief
Outcome
Interlocutory injunction granted; Elrahma joined as defendant; costs reserved.
Legal Topics
Judicial Review, School Status (voluntary Aided), Lease Termination, Joinder of Parties, Public Law Duties of Charities, Interlocutory Injunctions
Administrative Law Education Law Charity Law Landlord and Tenant Law Judicial Review School Status (voluntary Aided) Lease Termination Joinder of Parties +2 more

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Parties

The London Borough of Brent

Claimant

FED 2000

First Defendant

Mr O Megerisi

Second Defendant (trustee of Elrahma)

Mr Patrick Daniels

Third Defendant (trustee of Elrahma)

Mr Abubaker Megerisi

Fourth Defendant (trustee of Elrahma)

Mr Hazem Megerisi

Fifth Defendant (trustee of Elrahma)

Mr Otman Megerisi

Sixth Defendant (trustee of Elrahma)

Procedural Posture

Judicial Review / Interlocutory Application for Urgent Relief

Legal Issues

  1. 1 Whether FED 2000 breached a court order restraining surrender or termination of the school lease
  2. 2 Whether Elrahma acted with or procured FED 2000's breach of the order
  3. 3 Whether Elrahma should be joined as a defendant or interested party

Ratio Decidendi

There is a serious question to be tried as to whether FED 2000 and Elrahma acted together in relation to the school premises and whether FED 2000 breached the order by failing to resist or inform Brent of the lease termination. Interlocutory relief is justified to maintain the status quo pending a full hearing, and Elrahma should be joined as a defendant.

Court Disposition

Interlocutory injunction granted; Elrahma joined as defendant; costs reserved.

Orders

  • Elrahma joined as second defendant (trustees of Islamic Trust Elrahma)
  • Action discontinued against former second defendant (Temporary Governing Body of The Avenue School)