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)

Unauthorised commercial punting operations from council land, including highways such as Garrett Hostel Lane, constitute trespass due to unreasonable use; council is entitled to interim injunction to restrain ongoing and imminent trespass, as damages are inadequate and prior enforcement has failed.

Citation
[2018] EWHC 1304 (QB)
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 (civil, Trespass) / Interlocutory (pre Trial)
Outcome
Interim injunction granted
Legal Topics
Trespass, Interim Injunctions, Highway Law, Local Authority Powers, Quia Timet Injunctions
Civil Law Property Law Public Law Trespass Interim Injunctions Highway Law Local Authority Powers Quia Timet Injunctions

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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 (civil, Trespass) / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether unauthorised commercial punting constitutes trespass on council land
  2. 2 Whether the council's pleadings are adequate for trespass
  3. 3 Whether the council has authority to seek injunction

Ratio Decidendi

Unauthorised commercial punting operations from council land, including highways such as Garrett Hostel Lane, constitute trespass due to unreasonable use; council is entitled to interim injunction to restrain ongoing and imminent trespass, as damages are inadequate and prior enforcement has failed.

Court Disposition

Interim injunction granted

Orders

  • Interim injunction prohibiting unauthorised commercial punting operations at all claim locations by First Defendant and persons unknown
  • No cross-undertaking in damages required from council