Court House of Lords | Citation(s) [1948] AC 173 | |
Winter Garden Theatre (London) Ltd v Millennium Productions Ltd [1948] AC 173 is an English land law case, concerning licenses in land.
Contents
Facts
At the Winter Garden Theatre (now the New London Theatre on Drury Lane) the company Winter Garden Theatre (London) Ltd 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 for performance of 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 reasonable notice period.
Judgment
The House of Lords held that Winter Garden could revoke the licence. Viscount Simon said that someone who gives a licence to cross land would not become 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.