It confirmed the court will attach to licences, even where narrowly drawn to avoid giving away title, a right to occupy provided it meets with the clear commercial purposes of the contract.

The National Trust gave Manchester Airport plc authority to let subcontractors enter.

Mr Dutton and environmental protestors tried to stop the work in protest, and occupied the land.

Manchester Airport plc had not put any people on site yet, but still claimed an injunction under Order 113 of the Rules of the Supreme Court for their removal.

Also, the licensee (the Airport) was not in occupation, and did not have title, so the court could not grant any of the other possessory remedies (in trespass and nuisance).