A popular cafe can continue trading after a church's bid to evict it was referred to the High Court.

Will Pouget, who runs the cafe in Radcliffe Square, and cafe operators Fresh Connection, are facing an eviction notice from the Parochial Church Council of the University Church of St Mary the Virgin.

They are contesting the notice - an initial county court hearing took place last year and on Tuesday a county court judge in Oxford referred the case to the High Court.

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If the church had been successful at the hearing the cafe would have had 14 days to leave the premises.

Mr Pouget said he was relieved by the decision of district judge Peter Devlin and wanted to "engage with the church constructively to find a solution acceptable to both parties".

"We will keep working towards a settlement," he added.

(Image: Andy Ffrench) Mr Pouget said earlier:  "The church’s solicitors have informed us that they will press for immediate possession of the cafe at a hearing in Oxford County Court.

"We had been under the impression that this hearing would be only for the judge to give directions about the various legal issues to be decided but the church has not accepted this.

"Our own solicitors will contest the church’s claim and seek to have the case transferred to the High Court because of the value of the cafe business, the large redundancy liabilities of the company for long-serving staff and the  public interest."

The cafe’s barrister, James Fryer-Spedding, argued at the county court that the eviction would mean that 60 employees of the cafe would lose their jobs, two other group companies dependent on the cafe would collapse, and other local suppliers could face failure on account of the scale of their business with the cafe.

(Image: Andy Ffrench) An online petition calling for the Vaults & Garden to be saved has so far collected more than 14,000 signatures.

The Vaults & Garden celebrated its 20th anniversary last year.

It has operated as a small family business with many environmental and social benefits to the community.

(Image: Vaults & Garden) The cafe pioneered sourcing local organic vegetables and meats, supporting the network of Thames Organic Growers since 2005, especially buying from Worton Kitchen Garden and from organic local market gardener David Blake who grows at Hampton Gay near Oxford - the cafe buys 80% of his crop.

Another local business 'at risk', according to Mr Pouget, is the wholesale arm of the Oxford Cheese Company as the Vaults cafe accounts for more than 20% of its trade.

It is understood that the total legal costs for the case could reach £200,000 before the eviction issue is decided.

The University Church of St Mary the Virgin issued the following statement: "The Wardens and PCC of the University Church (“the church”) note Tuesday’s decision at Oxford County Court to proceed with directions to trial at the High Court. 

"While we are obviously disappointed that we were not granted an order at this point in the process, we remain confident that our ultimate goal of gaining vacant possession of the vaults will be successful.

"The PCC is responsible for one of the most historically significant buildings in Oxford. Vacant possession will allow us to complete repairs to this important building, to address some serious issues relating to drainage identified by our architect, to bring disabled access to the church up to an acceptable standard, and ultimately to launch a refurbished café and social enterprise that will benefit both the church and the communities it serves.  We will be releasing more details of our plans for the space shortly.

"The defendants in this case were served with a request to leave the premises in August 2023 under the terms of their licence with the church. Our former licensees have failed to comply with this request, and, despite attempts by the church to settle this situation without incurring the expense of a court hearing, have chosen to remain. The longer this situation is drawn out, the more expensive it will be for all parties concerned, including the church, which is a charitable institution.”

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About the author 

Andy is the Trade and Tourism reporter for the Oxford Mail and you can sign up to his newsletters for free here. 

He joined the team more than 20 years ago and he covers community news across Oxfordshire.

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