Date: Wednesday 4 May 2022
Time: 1pm - 2pm
Venue: Gatehouse Chambers and Zoom
Online registration now closed please emai enquiries@propertybar.org.uk
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).
Chaired by Stephanie Tozer QC, Falcon Chambers. 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.
Nick and Sean represented the Appellant, Global 100 Ltd. in G100 Ltd. v Laleva.
Speakers
Nick Grundy QC (1993)(2016) is a Property, Public Law and Human Rights specialist. Nick is head of Five Paper’s Real Property Practice Group and is a member of the Housing, Landlord and Tenant and Public Law Groups, his property experience is very wide, ranging from cases where property and public law interact to commercial development. He is recommended as leadings Silk in the latest editions of Chambers UK and Legal 500. In 2020 he was short-listed by Legal 500 for Real Estate, Environment and Planning Silk of the year at the Legal 500 UK Awards.
Sean Pettit (1997) is an established property law barrister with over 20 years of experience in all areas of Real Property and Landlord and Tenant law and has represented clients at every level of tribunal including a number landmark cases in the Court of Appeal such as: Global 100 v Lalava; Panayiotou v LB Waltham Forest and LB Tower Hamlets v Rikha Begum.
There is no charge for this event but please do register by clicking below 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.