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)

Given the ongoing Covid-19 pandemic, the public health issues, and the absence of compelling reasons to depart from the default, the hearing on 1 July 2020 will be conducted remotely by video. Cross-examination of the Claimant's witness is not permitted at this stage but may be renewed before the judge at the hearing.

Citation
[2020] EWHC 1650 (QB)
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; Directions for Hearing
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

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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; Directions for Hearing

Legal Issues

  1. 1 Whether the hearing on 1 July 2020 should be held remotely or in person
  2. 2 Whether cross-examination of the Claimant's witness should be permitted at the interim stage

Ratio Decidendi

Given the ongoing Covid-19 pandemic, the public health issues, and the absence of compelling reasons to depart from the default, the hearing on 1 July 2020 will be conducted remotely by video. Cross-examination of the Claimant's witness is not permitted at this stage but may be renewed before the judge at the hearing.

Court Disposition

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

Orders

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