Manchester Airport Plc v Dutton & Ors [1999] EWCA Civ 844 (23 February 1999)
A licensee with a contractual right to occupy land may seek an order for possession against trespassers under Order 113 RSC, even if the licence does not confer exclusive possession or an estate in land, provided the plaintiff's right is superior to that of the trespassers.
- Citation
- [1999] EWCA Civ 844
- Parties
- Plaintiff/respondent: Manchester Airport Plc; Defendants/appellants: Lee Dutton & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 1999
- Procedural Posture
- Appeal / Court of Appeal (civil Division) Decision on Appeal From Manchester District Registry
- Outcome
- Appeal dismissed
- Legal Topics
- Possession Proceedings, Licensee Rights, Trespass, Summary Procedure Under Order 113 RSC
Case Brief
Summary, issues, holding and outcome
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Parties
Manchester Airport Plc
Plaintiff/respondent
Lee Dutton & Others
Defendants/appellants
Procedural Posture
Appeal / Court of Appeal (civil Division) Decision on Appeal From Manchester District Registry
Legal Issues
- 1 Whether a licensee without exclusive possession can seek an order for possession against trespassers under Order 113 RSC
- 2 Whether the rights granted by the National Trust to Manchester Airport Plc are sufficient to support a possession order
Ratio Decidendi
A licensee with a contractual right to occupy land may seek an order for possession against trespassers under Order 113 RSC, even if the licence does not confer exclusive possession or an estate in land, provided the plaintiff's right is superior to that of the trespassers.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
- Leave to appeal refused
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