Thompson v Park

Thompson v Park
Court	Court of Appeal
Citation(s)	[1944] KB 408
Keywords
Licence

Thompson v Park [1944] KB 408 is an English land law case, concerning licenses in land.

Facts

Mr Thompson wanted an injunction for Mr Park to leave his school, after Mr Park had forced his way back into the premises which they had amalgamated as a joint venture together at Broughton Hall, Eccleshall, Staffordshire. Mr Park had 25 pupils, but then the relationship had broken down, and Mr Thompson had revoked the licence.

Judgment

Goddard LJ held granted the injunction because of the behaviour Mr Park demonstrated.^[1]

“

... the court cannot specifically enforce an agreement for two people to live peaceably under the same roof - yet, of course, if the contract is broken, [B] has got a common law remedy in damages, which, if he is right, might be heavy. [B], however did not seek the intervention of the court, but took the law into his own hands and remedied the grievances under which he felt he was suffering in a manner which seems to me to have been wholly deplorable, all the more so when one considers that he is in charge of small boys at a preparatory school and ought to be inculcating into them a respect for authority and discipline. It appears to me that on his own showing he has been guilty at least of riot, affray, wilful damage, forcible entry and, perhaps, conspiracy…

The licensee, once his licence is withdrawn, has no right to re-enter on the land. If he does, he is a common trespasser.

”

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

↑ [1944] KB 408, 409-410

References

External links

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