Tenants of cafes on Hampstead Heath and nearby parks have won the right to challenge the City of London Corporation's decision to award their leases to a rival chain. Kentish Town couple Patrick Matthews and Emma Fernandez, who operate under the brand Hoxton Beach, have been fighting the loss of their three cafes since a retendering process by the Corporation.
Background of the dispute
Last December, Hoxton Beach learned that their bid to continue running venues at Parliament Hill Lido, Highgate Wood, and Queen's Park had been unsuccessful. The Corporation instead awarded the leases to Daisy Green, a chain of 21 Aussie-inspired restaurants and cafes across London, which won the right to take over four of the five cafes, including Parliament Hill Fields and Golders Hill Park.
However, only Parliament Hill Fields has opened so far, in July. The other three Daisy Green cafes have been stalled during the legal process. The remainder, including handing the lease of Highgate Wood cafe to Cosmin Stuparu, the tenant of Golders Hill Cafe, have also been stalled since Hoxton Beach filed its bid with the High Court.
Legal arguments and ruling
In March, Hoxton Beach submitted a detailed legal application through solicitors Leigh Day, arguing that the lease retendering process had been unfair. They claimed that the Corporation had not acted like a public authority with specific statutory duties, but like a commercial landowner. After deliberating for seven months, a High Court judge has now ruled that the case can go forward to challenge the Corporation's decision.
Mr Matthews said: "We feel vindicated in voicing our doubts about this process, but above all grateful to everyone who helped fund our appeal and for the amazing legal team at Leigh Day and our barristers who made this happen." Referring to campaigners who held demonstrations, raised funds for legal fees, and signed a petition—including local MP Tulip Siddiq and actors Benedict Cumberbatch and James McAvoy—he added: "And we would like to thank the 25,000 people who signed the petition and gave us their support."
Response from the City of London Corporation
A spokesperson for the City of London Corporation, the trustee of the Hampstead Heath charity, said: "We note the court's decision and will continue to defend the claim robustly. Our process was lawful, open and the only fair and proper way to secure the future of all five cafés. Daisy Green and Cosmin Stuparu submitted the strongest proposals and demonstrated the best long-term plans for these important sites. These ongoing proceedings are diverting charitable resources that could otherwise be spent improving and maintaining our open spaces. As charity trustee, our focus remains on protecting these assets and delivering the best possible service for visitors."
The legal challenge will now proceed, with the outcome potentially affecting the operation of cafes across Hampstead Heath and other parks managed by the Corporation.
