Epping Forest District Council asked a judge to grant a temporary injunction, claiming that Somani Hotels Limited, which owns the Bell Hotel, had breached planning rules.
Mr Justice Eyre granted the injunction on August 19, stating that while the council had not “definitively established” that Somani Hotels had breached planning rules, “the strength of the claimant’s case is such that it weighs in favour” of granting the injunction.
Somani Hotels is seeking to appeal against the ruling, which ordered it to stop accommodating asylum seekers at the site by September 12.
Court listings show that the firm will have its bid to appeal against the ruling heard on Thursday at the Court of Appeal.
The listing also states that the Home Office is seeking to appeal against the ruling at the same hearing, as well as challenge Mr Justice Eyre’s decision not to allow the department to intervene in the case.
The Bell Hotel has been the focal point of several protests and counter-protests in recent weeks, after a resident was charged with sexually assaulting a teenage girl.
Hadush Gerberslasie Kebatu, 41, denies three counts of sexual assault, one count of inciting a girl to engage in sexual activity, and one count of harassment without violence.
His trial began at Chelmsford Magistrates’ Court on Tuesday and is set to conclude at Colchester Magistrates’ Court on Wednesday.
Barristers for Epping Forest District Council told the High Court earlier this month that a temporary injunction should be granted as the housing of asylum seekers at the site was causing a “very serious problem” which “could not be much worse”.
Somani Hotels opposed the bid, with its lawyers stating that the “draconian” move would cause asylum seekers “hardship” and that “political views” were not grounds for an injunction to be made.
Shortly before judgment was handed down, the Home Office asked to intervene in the case, telling the court that the injunction bid “causes particular acute difficulties at the present date”, but Mr Justice Eyre ruled that the department’s involvement was “not necessary”.
Following the injunction being granted, Somani Hotels and the Home Office both said they planned to take the case to the Court of Appeal.
Security minister Dan Jarvis said on Friday that the Government had “made a commitment that we will close all of the asylum hotels by the end of this Parliament”, but added that “we need to do that in a managed and ordered way”.
Speaking outside the Royal Courts of Justice in London following the ruling last week, Chris Whitbread, the Conservative leader of Epping Forest District Council, said he did not think the Government “have actually got a plan” to deal with asylum seekers.
He said: “What we really need to see is a government with a serious plan to deal with this problem, and that obviously comes down to processing, where they stay while they are being processed, and actually speeding up the system.
“We are not seeing that at the moment, and that is causing a lot of distress to people up and down the country.”
Border security minister Dame Angela Eagle said that the Government had “inherited a broken asylum system” and that it would “continue working with local authorities and communities to address legitimate concerns”.
Since the injunction was granted, councils across the country controlled by Labour, the Conservatives and Reform UK are investigating whether they could also pursue legal challenges against asylum hotels.
