Surrey Heath Borough Council v Robb & Ors

Surrey Heath Borough Council v Robb & Ors

The hearing on 1 July 2020 should proceed remotely by video due to the ongoing Covid-19 pandemic, the relevant protocol, and the absence of compelling reasons to depart from remote hearing. Cross-examination of the Claimant's witness is not permitted at this stage but may be renewed before the judge at the hearing.

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
Civil / Interim Application Regarding Form of Hearing and Continuation of Injunction
Outcome
Application for in-person hearing refused; hearing to proceed remotely.
Legal Topics
Remote Hearings, Injunctions, Covid 19 Protocol, Cross Examination at Interim Stage
Civil Procedure Remote Hearings 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

Civil / Interim Application Regarding Form of Hearing and Continuation of Injunction

Legal Issues

  1. 1 Whether the hearing on 1 July 2020 should be held remotely or in court
  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 proceed remotely by video due to the ongoing Covid-19 pandemic, the relevant protocol, and the absence of compelling reasons to depart from remote hearing. 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.

Orders

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