Verrall V Great Yarmouth BC
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''Verrall v Great Yarmouth BC''
981 Year 981 ( CMLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events Births * Abu'l-Qasim al-Husayn ibn Ali al-Maghribi, Arab statesman (d. 1027) * Giovanni Orseolo, Venetian ...
QB 202 is a
land Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...
and
contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
case on the arbitrary revocation of an agreed, future
licence A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
in land for good
consideration Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared ...
. It also determined whether the remedy of
specific performance Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...
was available to the claimant, who succeeded in the action and as respondent against the Council's appeal or whether damages would be a more appropriate remedy. It decided that ordering specific performance was appropriate.


Facts

Great Yarmouth Borough Council Great may refer to: Descriptions or measurements * Great, a relative measurement in physical space, see Size * Greatness, being divine, majestic, superior, majestic, or transcendent People * List of people known as "the Great" *Artel Great (born ...
agreed to rent out the
Wellington Pier Wellington Pier is located in Great Yarmouth in the county of Norfolk, England.OS Explorer Map OL40, 2005, The Broads, History The pier was opened on 31 October 1853 and the wooden structure cost £6,776 to build. The pier was designed by P ...
Pavilion in April 1979 to the National Front for its two-day national conference in October. Then Labour won the balance of control on the council in May insisting the new administration revoke the NF's licence. Verrall, the party's deputy chairman, sued on his own behalf and for the NF members for performance of the contract.


Judgment

Lord Denning MR held that the contract had to be upheld, and was specifically enforceable. Since the case of '' Winter Garden Theatre Ltd v Millennium Ltd'' he said, ‘it is clear that once a man has entered under his contract of licence, he cannot be turned out. An injunction can be obtained against the licensor to prevent his being turned out.’
981 Year 981 ( CMLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events Births * Abu'l-Qasim al-Husayn ibn Ali al-Maghribi, Arab statesman (d. 1027) * Giovanni Orseolo, Venetian ...
QB 202, 216


Cases applied

*''
Winter Garden Theatre (London) Ltd v Millennium Productions Ltd ''Winter Garden Theatre (London) Ltd v Millennium Productions Ltd'' 948AC 173 is an English land law case, concerning licenses in land. Facts At the Winter Garden Theatre (now the Gillian Lynne Theatre on Drury Lane) the owner promised Millenn ...
''
948 Year 948 ( CMXLVIII) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Hamdanid forces under Sayf al-Dawla raid into Asia Minor ...
AC 173, UKHL (E)


Cases distinguished

*''
Thompson v Park ''Thompson v Park'' 944KB 408 is an English law case, concerning licenses in land. Facts Mr. Thompson, the school's headmaster, wanted an injunction for Mr. Park to leave his school, after Mr. Park had forced his way back into the premises which ...
''
944 Year 944 (Roman numerals, CMXLIV) was a leap year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine wars, Arab–Byzantine War: Byzantine forces are de ...
KB 408, CA


See also

*
English property law English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four ...
*
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...


References

{{reflist, 2 English land case law Court of Appeal (England and Wales) cases 1981 in United Kingdom case law