Cambridge City Council v Traditional Cambridge Tours Ltd & Ors

Cambridge City Council v Traditional Cambridge Tours Ltd & Ors

The First Defendant's commercial punting operations from Garrett Hostel Lane constitute trespass by unreasonable use of the highway and unauthorised use of Council land. The Council's pleadings are sufficient, it is the appropriate authority to protect its land, there is no adequate alternative remedy, and the balance of convenience and public interest favour granting an interim injunction against the First Defendant and persons unknown at all Claim Locations.

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
Civil / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Trespass, Injunctions, Highways, Byelaws, Public Authority Powers
Property Law Civil Procedure Local Government Law Trespass Injunctions Highways Byelaws Public Authority Powers

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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

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether unauthorised commercial punting from Council land constitutes trespass
  2. 2 Whether the Council's pleadings are sufficient for trespass on highway and private land
  3. 3 Whether the Council is the appropriate authority to seek relief

Ratio Decidendi

The First Defendant's commercial punting operations from Garrett Hostel Lane constitute trespass by unreasonable use of the highway and unauthorised use of Council land. The Council's pleadings are sufficient, it is the appropriate authority to protect its land, there is no adequate alternative remedy, and the balance of convenience and public interest favour granting an interim injunction against the First Defendant and persons unknown at all Claim Locations.

Court Disposition

Interim injunction granted

Orders

  • Interim injunction prohibiting trespass by means of unauthorised commercial punting operations at any of the Claim Locations by the First Defendant or persons unknown.
  • Any breach of the injunction will amount to contempt of court punishable by imprisonment or fine.