Manchester Airport plc v Dutton

Manchester Airport plc v Dutton

Court	Court of Appeal
Citation(s)	[1999] EWCA Civ 844, [2000] QB 133
Keywords
Licence

Manchester Airport plc v Dutton [1999] EWCA Civ 844 is an English land law case, concerning licenses in land.

Facts

A second runway was being built and trees had to go on National Trust land. The National Trust gave Manchester Airport plc authority to let subcontractors enter. Mr Dutton and environmental protestors tried to stop the work in protest, and occupied the land. Manchester Airport plc had not put any people on site yet, but still claimed an injunction under Order 113 of the Rules of the Supreme Court for their removal.

Judgment

Laws LJ held that although Manchester Airport could remove the protestors. Ejectment under old law could only be claimed by someone with title or an estate in land. Also, the Airport was not in occupation, and did not have title, but the court could grant possession to a licensee as part of its power to give relief as a way to give effect to the licensee’s right of occupation.

Kennedy LJ concurred.

Chadwick LJ dissented. ‘In the latter case (which is this case) the plaintiff must succeed by the strength of his title, not on the weakness (or lack) of any title in the defendant.’^[1]

Sources on licences

Thomas v Sorrell (1673) EWHC (KB) J85

Protection from Eviction Act 1977 s 5

Winter Garden Theatre Ltd v Millennium Ltd [1948] AC 173

National Provincial Bank v Ainsworth [1965] UKHL 1

Tanner v Tanner [1975] EWCA Civ 4

Children Act 1989 s 15 and Sch 1

Verrall v Great Yarmouth BC [1981] QB 202

Thompson v Park [1944] KB 408

Hurst v Picture Theatres Ltd [1915] 1 KB 1

Hounslow LBC v Twickenham GD Ltd [1971] 1 Ch 233

Land Registration Act 2002 s 116

Family Law Act 1996 ss 30-31

Manchester Airport plc v Dutton [1999] EWCA Civ 844

Binions v Evans [1972] EWCA Civ 6

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Errington v Errington & Woods [1951] EWCA Civ 2

Inwards v Baker [1965] EWCA Civ 4

De Mattos v Gibson (1858) 4 De G&J 276

see English land law, licenses and leases

Sources on leases

LRA 2002 s 116 and Sch 3, para 1

Protection from Eviction Act 1977 s 5

Family Law Act 1996 ss 30-33

LPA 1925 ss 1 and 205(1)(xvii)

Errington v Errington [1951] EWCA Civ 2

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Street v Mountford [1985] UKHL 4

Mikeover v Brady [1989] EWCA Civ 1

Aslan v Murphy and Duke v Wynne [1989] EWCA Civ 2

AG Securities v Vaughan [1988] UKHL 8

Prudential Ltd v London Residuary Body [1991] UKHL 10

Bruton v London & Quadrant Housing Trust [1999] UKHL 26

ECHR art 8 and Prot 1, art 1

Kay v Lambeth LBC [2006] UKHL 10

see English land law, licenses and leases

Notes

↑ [2000] QB 133, 146-7

References

External links

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