Manchester Airport plc v Dutton

Manchester Airport plc v Dutton

Court	Court of Appeal
Citation(s)	[1999] EWCA Civ 844, [2000] QB 133
Court membership
Judge(s) sitting	Laws LJ Kennedy LJ Chadwick LJ
Keywords
Licence

Manchester Airport plc v Dutton [1999] EWCA 844 is an English land law case, concerning licences 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
Land Registration Act 2002 s 116 and Sch 3, para 1
Protection from Eviction Act 1977 s 5
Family Law Act 1996 ss 30-33
Law of Property Act 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
European Convention on Human Rights 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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