Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) (24 June 2020)

Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) (24 June 2020)

The hearing on 1 July 2020 should be conducted remotely by video, as there are no compelling reasons to depart from the default of remote hearings during the pandemic. Cross-examination of the claimant's witness is not ordered at this stage, as it is unusual at interim hearings and no sufficient justification has been provided.

Citation
[2020] EWHC 1650
Parties
Claimant: Surrey Heath Borough Council; Defendant: James Robb; Defendant: Suzanne Robb; Defendant: Thomas Robb Jnr; Defendant: Kaitlyn Robb; Defendant: Scarlett Rooney; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Injunction Application (interim) / Inter Partes Interim Application for Continuation/discharge of Injunction
Outcome
Application for in-person hearing refused; hearing to proceed remotely by video.
Legal Topics
Remote Hearings, Interim Injunctions, Covid 19 Protocol, Cross Examination at Interim Stage
Civil Procedure Remote Hearings Interim Injunctions Covid 19 Protocol Cross Examination at Interim Stage

Case Brief

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Parties

Surrey Heath Borough Council

Claimant

James Robb

Defendant

Suzanne Robb

Defendant

Thomas Robb Jnr

Defendant

Kaitlyn Robb

Defendant

Scarlett Rooney

Defendant

Persons Unknown

Defendant

Procedural Posture

Injunction Application (interim) / Inter Partes Interim Application for Continuation/discharge of Injunction

Legal Issues

  1. 1 Whether the interim hearing should be conducted remotely or in person
  2. 2 Whether cross-examination of the claimant's witness should be permitted at the interim stage

Ratio Decidendi

The hearing on 1 July 2020 should be conducted remotely by video, as there are no compelling reasons to depart from the default of remote hearings during the pandemic. Cross-examination of the claimant's witness is not ordered at this stage, as it is unusual at interim hearings and no sufficient justification has been provided.

Court Disposition

Application for in-person hearing refused; hearing to proceed remotely by video.

Orders

  • The hearing on 1 July 2020 will take place remotely by video.
  • Defendants may renew the application for cross-examination at the hearing.