Licence – right to discharge surface water - forfeiture – relief – estoppel by representation/convention – damages for trespass.

Vauxhall Motors Ltd (formerly General Motors UK Ltd) v The Manchester Ship Canal Co Limited [2018] EWCA Civ 1100 (Ch) (17 May 2018)

In our April 2017 edition Commercial Leases Vol 31 Issue 3 p2409 we summarised the first instance decision of this case. The defendant (MSCC) appealed that decision. The thrust of the appeal was that the trial judge had no jurisdiction to grant relief from forfeiture because the equitable jurisdiction to grant relief was only applied to contracts conferring proprietary or possessory rights and the subject licence granted neither.