Couple launch legal challenge against takeover of Hampstead Heath cafes
Lawyers for the managers of two of four cafes due to be taken over in the spring have written to the City of London Corporation to oppose plans.
A husband and wife who run two of four independent cafes around Hampstead Heath that are due to be taken over by Australian group Daisy Green have launched a legal challenge against the decision.
In December, Daisy Green was selected to run cafes at Queen’s Park, Golders Hill Park, Parliament Hill Lido and Parliament Hill Fields by the City of London Corporation (CLC), which manages Hampstead Heath as a charity.
Lawyers for Patrick Matthews and Emma Fernandez wrote to the CLC on Thursday to demand that it “brings some light” to how Daisy Green was selected to take over the cafes.
The pair, who run the cafes at Parliament Hill Lido and Queen’s Park, as well as one in Highgate Wood, which could also change hands, have been asked to leave by February 2.
A petition set up by the Kentish Town couple to stop the handover has had more than 15,000 signatures, while a crowdfunder to raise money for legal representation raised more than £5,500.
Actor Benedict Cumberbatch is among the campaign’s supporters and has expressed “deep concern” about the takeover.
In their letter, the couple asked the CLC to explain what due diligence it carried out to assess the suitability of Daisy Green as an operator.
They raised concerns about the firm hired to secure the new tenant, Davis Coffer Lyons (DCL), which helped Daisy Green acquire a site in Clapham in July.
Mr Matthews, 72, said: “I think something fundamentally unfair has been done to us, and something fundamentally unfair has been done to our customers.
“The City should be given a chance to really step back and think about it, and I think the lawyer’s letter will help them to do that.
“What I believe happened is this whole process was done quickly, by a small group of people, without proper oversight and reflection.
“What I want to do is bring some light on to the whole process, so that quite an important decision – which is changing the character of these spaces by introducing quite a different kind of provision – is looked at properly, which I don’t believe it has been.”
Gregory Jones KC, chairman of CLC’s Hampstead Heath, Highgate Wood and Queen’s Park Committee, said: “These cafes are not closing. They are much-loved parts of Hampstead Heath and Queen’s Park, and this process was about ensuring they can continue to operate and invest for the long term.
“Previously, the cafes were operating on short-term arrangements that made it difficult to invest in their buildings and facilities. Moving to longer-term leases under Daisy Green allows that community investment to happen and secures the cafes’ future.”
The merits of Daisy Green’s proposal, he said, included investment in cafe buildings, support for community programmes and a promise to keep menus affordable.
A spokesperson for the CLC added: “Our decision to award leases to Daisy Green will secure the long-term future of the cafes and followed a fair, competitive and open remarketing process.
“All existing cafe operators were invited to take part and, as trustee of the charity that manages Hampstead Heath at no expense to the taxpayer, we have a duty to act in the best interests of that charity.
“We appointed Davis Coffer Lyons (DCL) as independent professional advisers to support the process. They were not involved in any decision-making on the outcome.”
A spokesperson for DCL also denied any conflict of interest, adding: “Davis Coffer Lyons (DCL) are not retained by Daisy Green. We have not dealt with them on any property transactions since being appointed by the City of London Corporation to act as independent, professional advisers for their north London open spaces cafe remarketing exercise.”
Hampstead and Highgate MP Tulip Siddiq has backed the campaign to stop the takeover and wrote to the CLC on Thursday to ask it to review the decision.
She wrote on X: “My constituents have made their feelings clear; our beloved local cafes must stay. It is vital that the cafes and the Heath remain accessible and affordable for all.
“Those who use the Heath daily need to have a strong voice in the decisions that are made about its running.
“Today, I wrote again to the City of London Corporation asking them to review this decision and to publish the documents justifying their decision.”
Prue Freeman, co-founder of Daisy Green, previously said: “Daisy Green is a female-led, family-run, independent business based in Marylebone which started from a single Bedford ice cream van in 2012.
“Fourteen years later, we have 18 sites across central London, ranging from small cafes to canal boats to Holland Park cafe. We are not a chain, but a small business which we set up to serve communities across London.
“As part of the tender process, pricing and menus for each cafe have been very carefully considered and tailored for affordability and accessibility, alongside significant investment plans for the cafes.
“All jobs are safe and valued and we look forward to welcoming many more local employees in the future.”
Daisy Green has been approached for comment.
