''Winter Garden Theatre (London) Ltd v Millennium Productions Ltd''

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 is an

English land law English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal ...

case, concerning

licenses 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.

Facts

At the Winter Garden Theatre (now the

Gillian Lynne Theatre The Gillian Lynne Theatre (formerly New London Theatre) is a West End theatre located on the corner of Drury Lane and Parker Street in Covent Garden, in the London Borough of Camden. The Winter Garden Theatre formerly occupied the site until 1965 ...

Drury Lane Drury Lane is a street on the eastern boundary of the Covent Garden area of London, running between Aldwych and High Holborn. The northern part is in the borough of Camden and the southern part in the City of Westminster. Notable landmarks ...

) the owner promised Millennium Productions Ltd that it could use the theatre for six months, with an option to renew for another six months, and after that it could continue for a flat weekly price of £300. Millennium would have to give a month's notice if it wished to terminate, but Winter Garden's obligations were not stated. The licence continued for over a year, to September 1945. Then Millennium made a contract with artists to show ''Young Mrs Barrington'', from 5 September till January 1946, but on 13 September Winter Garden decided to revoke the licence, giving a month's notice, and demanding it leave on 13 October. Millennium argued that there was a breach of contract and that Winter Garden could only revoke if Millennium was in breach of contract, or that there had to be a (revised) reasonable notice period, one month no longer being reasonable.

Judgment

The House of Lords held that Winter Garden could revoke the licence. Viscount Simon said that someone who gives a licence, revoking it mid-use, to cross land would not make the licensee a trespasser until they were off the premises, but then future crossing rights would cease. Lord Porter said the following. Lord Uthwatt said the following. Lord Macdermott said the following.

AC 173, 204-206

Significance

Part II of the

Landlord and Tenant Act 1954 The Landlord and Tenant Act 1954 (2 & 3 Eliz 2 c 56) is an act of the United Kingdom Parliament extending to England and Wales. Part II of the act is a statutory code governing business tenancies. Part I of the act, which deals with the protecti ...

provides business tenants with the guarantee of a new lease unless they expressly contracted out of its guarantees.

Followed in

*''In re Spenborough Urban District Council’s Agreement''

968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (the ...

Ch 139;

Applied in

*''

Verrall v Great Yarmouth BC ''Verrall v Great Yarmouth BC'' 981QB 202 is a land and contract law case on the arbitrary revocation of an agreed, future licence in land for good consideration. It also determined whether the remedy of specific performance was available to the ...

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 ...

EWCA *''Hounslow London Borough Council v Twickenham Garden Developments Ltd''

971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...

Ch 233;

Distinguished in

*''

Ashburn Anstalt v Arnold __NOTOC__ Ashburn may refer to: Places Canada *Ashburn, Ontario United States *Ashburn, Georgia *Ashburn, Chicago, Illinois, a community area **Ashburn (Metra), a Metra station serving the area *Ashburn, Missouri *Ashburn, Virginia, an unincorpora ...

989 Year 989 (Roman numerals, CMLXXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Basil II uses his contingent of 6,000 Varangians to he ...

EWCA

Notes

{{reflist, 2 English land case law House of Lords cases 1948 in case law 1948 in British law