Manchester Airport Plc v Dutton & Ors [1999] EWCA Civ 596 (18 January 1999)

Manchester Airport Plc v Dutton & Ors [1999] EWCA Civ 596 (18 January 1999)

The question of whether a licensee is entitled to bring summary possession proceedings under Order 113 Rule 1 is of general public importance and should be determined authoritatively by the Court of Appeal; leave to appeal is granted.

Citation
[1999] EWCA Civ 596
Parties
Plaintiff/respondent: Manchester Airport Plc; Defendants/applicants: Christopher Maile & Ors
Jurisdiction
England and Wales
Judgment Date
18 January 1999
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against High Court Order
Outcome
Leave to appeal granted
Legal Topics
Summary Possession Proceedings, Licensee Rights, Trespass, Order 113 RSC
Property Law Civil Procedure Summary Possession Proceedings Licensee Rights Trespass Order 113 RSC

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Parties

Manchester Airport Plc

Plaintiff/respondent

Christopher Maile & Ors

Defendants/applicants

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against High Court Order

Legal Issues

  1. 1 Whether a licensee (Manchester Airport Plc) is entitled to bring summary proceedings for possession against trespassers under RSC Ord.113,r.1

Ratio Decidendi

The question of whether a licensee is entitled to bring summary possession proceedings under Order 113 Rule 1 is of general public importance and should be determined authoritatively by the Court of Appeal; leave to appeal is granted.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Hearing to take place on 5 February