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R (Sean Wilkinson) v London Borough of Enfield
CA – 2024 – 001402
On 30 September 2024, Lord Justice Warby dismissed the application by Mr Wilkinson to appeal against the order made by Mould J dismissing the application for judicial review of the London Borough of Enfield’s decision to dispose of open space land, held subject to a public trust and formerly used as a golf course, to Tottenham Hotspur Football Club. The disputed land forms part of the Whitewebbs Park and is currently owned by the Defendant Council. The relevant agreement provides for the grant of a lease for a term of 25 years over the disputed land for use as a women’s and girls’ football academy and a turf academy.
Warby LJ held there was no real prospect of successfully impugning the judge’s analysis in respect of the Greater London Parks and Open Spaces Order 1967 nor ss.122 and 123 of the Local Government Act 1972 nor his finding as a fact that Enfield did not fail to have regard to a material consideration in its decision-making process.
On each of these issues, the judge “was plainly right” for the reasons he gave. Further, Warby LJ held there was no compelling reason for the court to hear an appeal which would be bound to fail. Although the case relates to points of law with wider relevance, the judge’s reasoning and conclusions on these issues were clear and consistent with the case law. There was no need for appellate review and affirmation in order to “settle” the issues, as a decision of the High Court provides sufficient authority.
Alex Goodman K.C. appeared for the Claimant, Sean Wilkinson, instructed by Public Interest Lawyers.
James Maurici K.C. and Joel Semakula appeared for the Interested Party, Tottenham Hotspur Limited, instructed by Richard Max & Co.
