Thompson v Park

Thompson v Park
Court	Court of Appeal
Citation(s)	[1944] KB 408
Keywords
Licence

Thompson v Park [1944] KB 408 is an English land law case, concerning licenses in land.

Facts

Mr Thompson wanted an injunction for Mr Park to leave his school, after Mr Park had forced his way back into the premises which they had amalgamated as a joint venture together at Broughton Hall, Eccleshall, Staffordshire. Mr Park had 25 pupils, but then the relationship had broken down, and Mr Thompson had revoked the licence.

Judgment

Goddard LJ held granted the injunction because of the behaviour Mr Park demonstrated.^[1]

“

... the court cannot specifically enforce an agreement for two people to live peaceably under the same roof - yet, of course, if the contract is broken, [B] has got a common law remedy in damages, which, if he is right, might be heavy. [B], however did not seek the intervention of the court, but took the law into his own hands and remedied the grievances under which he felt he was suffering in a manner which seems to me to have been wholly deplorable, all the more so when one considers that he is in charge of small boys at a preparatory school and ought to be inculcating into them a respect for authority and discipline. It appears to me that on his own showing he has been guilty at least of riot, affray, wilful damage, forcible entry and, perhaps, conspiracy…

The licensee, once his licence is withdrawn, has no right to re-enter on the land. If he does, he is a common trespasser.

”

Sources on licences

Thomas v Sorrell (1673)

Protection from Eviction Act 1977

Winter Garden Theatre Ltd v Millennium Ltd [1948] AC 173

National Provincial Bank v Ainsworth [1965]

Tanner v Tanner [1975]

Children Act 1989 s 15 and Sch 1

Verrall v Great Yarmouth BC [1981] QB 202

Thompson v Park [1944] KB 408

Hurst v Picture Theatres Ltd [1915] 1 KB 1

Hounslow LBC v Twickenham GD Ltd [1971] 1 Ch 233

Land Registration Act 2002 s 116

Family Law Act 1996 ss 30-31

Manchester Airport plc v Dutton [1999]

Binions v Evans [1972]

Ashburn Anstalt v Arnold [1988]

Errington v Errington & Woods [1951]

Inwards v Baker [1965]

De Mattos v Gibson (1858) 4 De G&J 276

see English land law, licenses and leases

Sources on leases

LRA 2002 s 116 and Sch 3, para 1

Protection from Eviction Act 1977 s 5

Family Law Act 1996 ss 30-33

LPA 1925 ss 1 and 205(1)(xvii)

Errington v Errington [1951] EWCA Civ 2

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Street v Mountford [1985] UKHL 4

Mikeover v Brady [1989] EWCA Civ 1

Aslan v Murphy and Duke v Wynne [1989] EWCA Civ 2

AG Securities v Vaughan [1988] UKHL 8

Prudential Ltd v London Residuary Body [1991] UKHL 10

Bruton v London & Quadrant Housing Trust [1999] UKHL 26

ECHR art 8 and Prot 1, art 1

Kay v Lambeth LBC [2006] UKHL 10

see English land law, licenses and leases

Notes

↑ [1944] KB 408, 409-410

References

External links

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