Events

PBA Lunchtime Seminar - Is there any rattle left in those mediaeval chains?

Are there any circumstances where a licensee cannot now bring a claim for possession against a trespasser?

In the controversial case of Manchester Airport Plc v Dutton [2000] 1 QB 133 the Court of Appeal held, by 2 to 1 that a licensee, Manchester Airport, could obtain possession against trespassers who had entered on to land before the licence was granted provided that possession was necessary to give effect to the licensee’s rights.

Chadwick LJ’s dissenting judgment in Manchester Airport v Dutton has been raised on a number of occasions: See Countryside Residential v Vaughan (2001) P&CR 2; Alamo Housing Co-Op v Meredith [2003] EWCA Civ 495; SoS for Environment Food etc. v Meier & Ors. [2009] UKSC 11 and Mayor of London v Hall & Ors [2010] EWCA Civ 817. It was also relied on in the recent cases of Global 100 Ltd. v Laleva [2021] EWCA Civ 1835 and Brake & Ors. v The Cheddington Court Estate [2022] EWHC 366 (Ch). Nick Grundy QC and Sean Pettit will review the authorities and consider the limits on the right of a licensee to bring a claim for possession of land.

Chaired by Stephanie Tozer QC

Speakers: Nick Grundy QC  and Sean Pettit of Five Paper

This event is for PBA members. There is no charge for this event but please do register via the PBA website. When you register, you will be asked to say whether you will attend in person or via Zoom. Those attending via Zoom will be sent the link shortly before the event.