Manchester Airport Plc v Dutton & Ors

Leave to appeal may be granted where the proposed appeal raises an issue not directly covered by existing Court of Appeal authority and authoritative determination at a substantive hearing would be for the general public benefit. The court may grant leave without expressing a view on the prospects of success.

Manchester Airport Plc, a licensee of land owned by the National Trust, sought possession of trespassers occupying Arthur’s Wood. A district judge made an order for possession under RSC 1965 Order 113, and Steele J dismissed the defendants’ appeal on 26 October 1998.

The defendants applied for leave to appeal. The central issue was whether a licensee could bring summary possession proceedings under Order 113, rule 1.

1. Leave granted. The application concerned an order of Steele J dismissing an appeal from a district judge’s possession order made under RSC 1965 Order 113.
2. The airport company claimed under a licence granted by the National Trust. The licence permitted entry and occupation of part of Arthur’s Wood to carry out works connected with the proposed second runway. The defendants were occupying the land as trespassers.
3. The issue was whether a person claiming possession as licensee was entitled to bring summary proceedings under Order 113, rule 1. The court noted that there was no directly applicable decision of the Court of Appeal.
4. Lord Justice Chadwick considered that the issue should be determined authoritatively at a substantive hearing for the general public benefit. He deliberately expressed no view on the prospects of success. Lord Justice Mummery agreed.
5. Leave to appeal was granted. The appeal was listed for 5 February 1999, and execution of the order of 26 October 1998 was stayed until determination of the appeal.

• Court of Appeal (Civil Division) — In [1999] EWCA Civ 596, leave to appeal was granted and execution of the possession order was stayed pending determination of the appeal.
• High Court of Justice, Manchester District Registry — Steele J dismissed the defendants’ appeal on 26 October 1998.
• District judge — On 18 September 1998, an order for possession was made against the named defendants and persons unknown under RSC 1965 Order 113.