Manchester Airport plc v Dutton
A licensee with a contractual right to occupy land can bring an action for possession against trespassers, even though it is not in possession itself.
Facts
The National Trust granted Manchester Airport a licence to enter its woodland to cut down trees for the construction of a new runway. Before the airport could take possession, protesters occupied the wood and set up camps in the trees. The airport sought an order for possession against the protesters, who argued that only a person with possession or a proprietary interest could bring such an action.
Legal principle
The Court of Appeal, by a majority, held that the airport could obtain an order for possession. Laws LJ said that a licensee who has a contractual right to occupy land, but is not yet in possession, may obtain an order for possession against trespassers if that is necessary to protect its contractual right to occupy the land. The remedy should follow from the right. Chadwick LJ dissented, saying that a licensee without possession could not bring an action for possession.
Related cases on leases and licences
- AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417
- Ashburn Anstalt v Arnold [1989] Ch 1
- Aslan v Murphy [1990] 1 WLR 766
- Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 52, [2012] 1 AC 955
- Binions v Evans [1972] Ch 359
- Bruton v London & Quadrant Housing Trust [2000] 1 AC 406
- Errington v Errington and Woods [1952] 1 KB 290
- Facchini v Bryson [1952] 1 TLR 1386
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
