Hurst v Picture Theatres Ltd

Hurst v Picture Theatres Ltd
Court	Court of Appeal
Citation(s)	[1915] 1 KB 1
Keywords
Licence

Hurst v Picture Theatres Ltd [1915] 1 KB 1 is an English land law case, concerning licenses in land.

Facts

Mr Hurst bought a ticket for 17 March 1913 screening of Lake Garden on High St Ken, run by Picture Theatres Ltd, but the manager honestly believed he had not paid for his seat. He was forced to leave, and then he claimed trespass to the person. The theatre argued that even though the licence was revoked in breach of contract, that did not change that Mr Hurst became a trespasser and reasonable force could be used to remove him.

Channell J held Mr Hurst could get damages.

Judgment

Buckley LJ confirmed the award.^[1]

“

They committed an assault upon him in law. It was not of a violent kind, because, like a wise man, [B] gave way to superior force and left the theatre… it was for the jury to give him such a sum as was right for the assault which was committed upon him, and for the serious indignity to a gentleman of being seized and treated in this way in a place of public resort.

”

Sources on licences

Thomas v Sorrell (1673)

Protection from Eviction Act 1977

Winter Garden Theatre Ltd v Millennium Ltd [1948] AC 173

National Provincial Bank v Ainsworth [1965]

Tanner v Tanner [1975]

Children Act 1989 s 15 and Sch 1

Verrall v Great Yarmouth BC [1981] QB 202

Thompson v Park [1944] KB 408

Hurst v Picture Theatres Ltd [1915] 1 KB 1

Hounslow LBC v Twickenham GD Ltd [1971] 1 Ch 233

Land Registration Act 2002 s 116

Family Law Act 1996 ss 30-31

Manchester Airport plc v Dutton [1999]

Binions v Evans [1972]

Ashburn Anstalt v Arnold [1988]

Errington v Errington & Woods [1951]

Inwards v Baker [1965]

De Mattos v Gibson (1858) 4 De G&J 276

see English land law, licenses and leases

Sources on leases

LRA 2002 s 116 and Sch 3, para 1

Protection from Eviction Act 1977 s 5

Family Law Act 1996 ss 30-33

LPA 1925 ss 1 and 205(1)(xvii)

Errington v Errington [1951] EWCA Civ 2

Ashburn Anstalt v Arnold [1988] EWCA Civ 14

Street v Mountford [1985] UKHL 4

Mikeover v Brady [1989] EWCA Civ 1

Aslan v Murphy and Duke v Wynne [1989] EWCA Civ 2

AG Securities v Vaughan [1988] UKHL 8

Prudential Ltd v London Residuary Body [1991] UKHL 10

Bruton v London & Quadrant Housing Trust [1999] UKHL 26

ECHR art 8 and Prot 1, art 1

Kay v Lambeth LBC [2006] UKHL 10

see English land law, licenses and leases

Notes

↑ [1915] 1 KB 1, 11

References

External links

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