Manchester Airport plc v Dutton
English land law case / From Wikipedia, the free encyclopedia
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Manchester Airport plc v Dutton [1999] EWCA 844 is an English land law case, concerning licences in land. It confirmed the court will attach to licences, even where narrowly drawn to avoid giving away title, a right to occupy provided it meets with the clear commercial purposes of the contract. This means those third parties, in this case protestors, who interfered with such rights must be removed.
Quick Facts Manchester Airport plc v Dutton, Court ...
Manchester Airport plc v Dutton | |
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Court | Court of Appeal |
Citation(s) | [1999] EWCA Civ 844, [2000] QB 133 |
Court membership | |
Judge(s) sitting | Laws LJ Kennedy LJ Chadwick LJ |
Case opinions | |
Held, per Laws LJ: The court uses the contract to determine the control that arises from the contract. It then couples that with the right of occupation and then proceeds to grant relief as would vindicate licensee's rights of occupation arising out of the contract. | |
Concurrence | Kennedy LJ |
Dissent | Chadwick LJ |
Keywords | |
Licence; right of licensee to occupy; building works; Trust technically prohibited from alienating title; environmental protesters |
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