Licence

Relief from forfeiture

Vauxhall Motors Ltd (formerly General Motors UK Ltd) v Manchester Ship Canal Co Ltd

  • Court of Appeal (Civil Division)
  • 17 May 2018
  • Lewison, Floyd, David Richards LJJ
  • [2018] EWCA Civ 1100
  • [2018] PLSCS 93
Licence – Relief from forfeiture – Discretion – Appellant purporting to terminate respondent’s right to discharge surface water into canal – Respondent seeking relief from forfeiture – Whether court having power to grant relief – Whether negotiations for new right preventing respondent from claiming relief from forfeiture – Whether court should exercise discretion to refuse relief – Appeal dismissed In 1962, the appellant granted the respondent the right to discharge surface water from its plant into the Manchester Ship Canal, which it owned, through a spillway. The respondent’s main manufacturing plant at Ellesmere Port adjoined the appellant’s land and drained
Case summary