Kate Hallam has successfully represented two claimants in a complex civil claim against the private enforcement agency High Court Enforcement Group Limited, following their eviction from a STOP HS2 protection camp in 2020. The Claimants brought claims for false imprisonment, assault/battery and breaches of their rights under articles 5, 10 and 11 of the European Convention on Human Rights. The Defendant denied liability and their claims were issued in the County Court in May 2021.
The claims primarily turned on the preliminary issue of the effect of Practice Direction 51Z of the Civil Procedures Rules, which was issued by Master of the Rolls and Head of Civil Justice during the Covid 19 Pandemic. The Claimants argued that PD51Z was intended to halt all evictions (due to the pandemic) and therefore prevented them from being lawfully evicted. The Defendant’s position was that it did not. It was agreed that the court would rule on this point as a preliminary issue.
At first instance, Deputy District Judge Brooks found against the Claimants; however, his ruling was overturned by Her Honour Judge Bloom, who allowed the Claimants’ appeal. The Defendant was then granted permission to appeal against that decision by the Court of Appeal, which directed that notice be given to the Lord Chancellor to consider an intervention given the wider importance of the issues. However, a settlement agreement for damages and costs was reached, prior to the case proceeding any further.
Counsel instructed for the Claimants was Owen Greenhall of Garden Court Chambers and Martin Westgate KC of Doughty Street Chambers.
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