Verrall v Great Yarmouth BC
Verrall v Great Yarmouth BC |
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Court |
Court of Appeal |
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Citation(s) |
[1981] QB 202 |
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Keywords |
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Licence, specific performance |
Verrall v Great Yarmouth BC [1981] QB 202 is an English land law case, concerning licences in land.
Facts
Great Yarmouth Borough Council promised to rent out the Wellington Pier Pavilion in April 1979 to the National Front for its two-day national conference in October. Then Labour won the council in May and attempted to revoke the NF’s licence. Mr Verrall sued on his own behalf and for the NF members for performance of the contract.
Judgment
Lord Denning MR held that the contract had to be upheld, and was specifically enforceable. Since the case of Winter Garden Theatre Ltd v Millennium Ltd[1] he said, ‘it is clear that once a man has entered under his contract of licence, he cannot be turned out. An injunction can be obtained against the licensor to prevent his being turned out.’[2]
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Supposing one of the great political parties - say, the Conservative Party - had booked its hall at Brighton for its conference in September of this year: it had made all its arrangements accordingly: it had all its delegates coming: it had booked its hotels, and so on. Would it be open to the local council to repudiate that agreement, and say that the Conservative Party could not got there? Would the only remedy be damages? Clearly not… It would be the same in the case of the Labour Party, or whoever it may be. When arrangements are made for a licence of this kind of such importance and magnitude affecting many people, the licensors cannot be allowed to repudiate it and simply pay damages. |
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See also
Sources on licences |
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| | | | | | | | | | | | | | | | | | | Hounslow LBC v Twickenham GD Ltd [1971] 1 Ch 233 | | | | | | | | | | | | | | | | | | |
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Sources on leases |
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| | | | | | | | | | | | | | | | | | | | | | | | | ECHR art 8 and Prot 1, art 1 | | | | |
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Notes
- ↑ [1948] AC 173
- ↑ [1981] QB 202, 216
References
External links