School of Law

Developers versus Protestors: Contractual Licensees and Possession Claims post-Dutton

11 November 2013 | 17:00-18:00 | Seminar
The Moot Court Room, The Liberty Building, School of Law

Environmental protests against planned development of land have become prominent in recent decades.

This seminar explores the scope for licensees (developers, given a contractual licence by the landowner) who have sought possession of the land as against environmental activists to prevail in such claims. In large part, it hence assesses the leading case in this area: Manchester Airport Plc v Dutton [2000] Q.B. 133.

Although much maligned academically, Dutton can be viewed as a fair decision in practical terms. It updates the law to meet new conditions whilst not materially offending any other policy aim.

In terms of legal principle, it is mooted that, at least in a most unusual case like Dutton, a possible way around the orthodox academic critique could be sought in Article 1 of the First Protocol to the European Convention of Human Rights. Whether such an approach would justify the potential breadth of application with which Dutton has been identified is, however, less clear.

The event will be followed by a drinks reception at 6pm.

Location Details

The Moot Court Room
The Liberty Building
School of Law
University of Leeds

The Liberty Building is number 16 on the campus map.

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