“Britain’s biggest man cave” Season 4, episode 1

You may remember the well-publicised saga of Mr Wildin and “Britain’s Biggest Man Cave” (see: here and also here).

For those of you who need a short recap on the previous three seasons, this is the synopsis:

Season 1:

1. In 2014, Mr Wildin started work building the Man Cave, which included facilities such as a home cinema, bowling alley, tennis court, bar and casino.

2. The local Council pointed out that planning permission is required but Mr Wildin disagreed.

3. The Council served an enforcement notice under section 172 of the Town & Country Planning Act 1990. Mr Wildin appealed. But the inspector upheld the enforcement notice.

Season 2:

4. Mr Wildin appealed to the High Court. The appeal was dismissed. But Mr Wildin still did not comply with the notice.

5. So the Council applied for an injunction under section 187B of 1990 Act. This was granted in 2018 following a trial, requiring Mr Wildin to demolish the Man Cave.

6. Mr Wildin did not do so. Instead, he appealed to the Court of Appeal.

7. His application for permission to appeal was refused. But Mr Wildin continued not to comply with the injunction.

Season 3:

8. In 2021, the Council made a committal application based on Mr Wildin’s refusal to comply with the injunction.

9. Mr Wildin was found to be in contempt of court and was sentenced to imprisonment on terms. He failed to comply with those terms and in 2022 he was imprisoned.

Season 4:

Concerned viewers thought this was the end of the storyline. But no – Season 4 began in May 2024. By this time, the land on which the Man Cave had been erected has become landlocked, having been subdivided out of the common ownership of the surrounding titles.

Nonetheless, the Council decided to exercise its powers to undertake the demolition of the Man Cave under section 178 of the 1990 Act. In addition to its statutory rights of entry, the Council also applied for and obtained a warrant for entry from Gloucestershire Magistrates’ Court.

Demolition commenced in early June 2024. This prompts Mr Wildin’s three children to apply for an injunction to restrain the demolition by the Council, which they said was having an adverse effect on their holiday let business. ‘Prompts’ is probably the wrong word because the application was not made until late June nor was it made on an urgent basis.

The application was heard on 31 July 2024 by which time the demolition was nearly complete. His Honour Judge Blohm KC refused the injunction and the essential points from the ex tempore judgment are as follows:

1. Although no substantive claim had been issued, the applicants’ complaints concerned negligence, nuisance, breach of statutory duty, and alleged legal and procedural defects in relation to the entry on the land. It was appropriate to treat these complaints as including a complaint of trespass.
2. The Council relied on section 111 of the Local Government Act 1972 as interpreted in the case of Egan v Basildon DC [2011] EWHC 2416 (QB) in support of its case that it was entitled to enter onto land owned by third parties and undertake ancillary work related to the demolition (such as the partial demolition of a boundary wall).
3. Nonetheless, the Court concluded there was a triable issue on the question of trespass on the basis that there was a question of law as to whether the Council was entitled under s.111 to go onto the land of third parties and a question of fact about whether that was reasonable in the circumstances. But there was no serious question to be tried in relation to the other putative claims.
4. However, the Court considered that it would be wrong to grant an interim injunction in circumstances where damages would be an adequate remedy (on the basis that the principal complaint concerned loss of business revenue) and the balance of convenience clearly favoured the completion of the demolition, which was imminent, when contrasted in light of the delay in seeking the injunction.
5. The Court was also concerned that the application for the injunction had not been made by all the owners of the land affected.

It remains to be seen whether substantive proceedings will be issued against the Council or whether the demolition of Britain’s Biggest Man Cave will bring Season 4 of this thrilling saga to a rapid conclusion.

David Nicholls is a barrister at Landmark Chambers and successfully represented the local authority.