Cambridge City Council v Traditional Cambridge Tours Ltd & Ors [2018] EWHC 1304 (QB) (25 May 2018)

Cambridge City Council v Traditional Cambridge Tours Ltd & Ors [2018] EWHC 1304 (QB) (25 May 2018)

The First Defendant's unauthorised commercial punting operations from Garrett Hostel Lane constitute trespass by unreasonable use of the Council's land, including the highway, and the Council is entitled to an interim injunction to restrain such trespass by the First Defendant and persons unknown at all Claim Locations. The pleadings are sufficient, the Council is the appropriate authority to protect its land, criminal remedies are inadequate, and the balance of convenience favours injunctive relief.

Citation
[2018] EWHC 1304
Parties
Claimant: Cambridge City Council; First Defendant: Traditional Cambridge Tours Limited; Second Defendant: Thomas Arnold; Third Defendant: Milan Kovakevich; Fourth Defendant: George Sugden; Fifth Defendant: Johan Debuscha; Sixth Defendant: Matt Meacher; Seventh Defendant: George Elliot; Eighth Defendant: Spencer Goodwin; Ninth Defendant: Tom Brown; Tenth Defendant: Giovanni Lopez; Eleventh Defendant: Jakob Suberlak; Twelfth Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
25 May 2018
Procedural Posture
Interim Injunction Application in Civil Proceedings / Interim Application Before Trial
Outcome
Interim injunction granted
Legal Topics
Trespass, Interim Injunctions, Public Authority Powers, Highways Law, Byelaws Enforcement
Civil Procedure Property Law Local Government Law Trespass Interim Injunctions Public Authority Powers Highways Law Byelaws Enforcement

Case Brief

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Parties

Cambridge City Council

Claimant

Traditional Cambridge Tours Limited

First Defendant

Thomas Arnold

Second Defendant

Milan Kovakevich

Third Defendant

George Sugden

Fourth Defendant

Johan Debuscha

Fifth Defendant

Matt Meacher

Sixth Defendant

George Elliot

Seventh Defendant

Spencer Goodwin

Eighth Defendant

Tom Brown

Ninth Defendant

Giovanni Lopez

Tenth Defendant

Jakob Suberlak

Eleventh Defendant

Persons Unknown

Twelfth Defendant

Procedural Posture

Interim Injunction Application in Civil Proceedings / Interim Application Before Trial

Legal Issues

  1. 1 Whether unauthorised commercial punting from Council land constitutes trespass
  2. 2 Whether the Council's pleadings are sufficient to support an injunction
  3. 3 Whether the Council is the appropriate authority to seek relief

Ratio Decidendi

The First Defendant's unauthorised commercial punting operations from Garrett Hostel Lane constitute trespass by unreasonable use of the Council's land, including the highway, and the Council is entitled to an interim injunction to restrain such trespass by the First Defendant and persons unknown at all Claim Locations. The pleadings are sufficient, the Council is the appropriate authority to protect its land, criminal remedies are inadequate, and the balance of convenience favours injunctive relief.

Court Disposition

Interim injunction granted

Orders

  • Interim injunction prohibiting unauthorised commercial punting operations at any of the Claim Locations by the First Defendant or persons unknown, pending trial or further order of the Court.
  • No cross-undertaking in damages required from the Council.