Tanner v Tanner [1975] EWCA Civ 4 (30 April 1975)

Tanner v Tanner [1975] EWCA Civ 4 (30 April 1975)

The defendant was granted a contractual licence to occupy the house for herself and the twins so long as the children were of school age and accommodation was reasonably required. The licence was supported by consideration and could not be revoked at will. The order for possession was wrongly made, and damages are awarded in lieu of reinstatement.

Citation
[1975] EWCA Civ 4
Parties
Plaintiff/respondent: Eric Robert Tanner; Defendant/appellant: Josephine Joan Tanner (née MacDermott)
Jurisdiction
England and Wales
Judgment Date
30 April 1975
Procedural Posture
Appeal (civil) / Appeal From County Court Order for Possession
Outcome
Appeal allowed
Legal Topics
Contractual Licence, Implied Contract, Proprietary Interest, Estoppel, Damages in Lieu of Injunction
Property Law Family Law Contract Law Contractual Licence Implied Contract Proprietary Interest Estoppel Damages in Lieu of Injunction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Eric Robert Tanner

Plaintiff/respondent

Josephine Joan Tanner (née MacDermott)

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From County Court Order for Possession

Legal Issues

  1. 1 Whether the defendant had a proprietary interest or enforceable right to occupy the house
  2. 2 Whether a contractual licence existed and its terms
  3. 3 Whether the licence could be revoked at will

Ratio Decidendi

The defendant was granted a contractual licence to occupy the house for herself and the twins so long as the children were of school age and accommodation was reasonably required. The licence was supported by consideration and could not be revoked at will. The order for possession was wrongly made, and damages are awarded in lieu of reinstatement.

Court Disposition

Appeal allowed

Orders

  • Order for possession set aside
  • Plaintiff to pay £2,000 compensation to defendant