A second runway was being built and trees had to go on National Trust land. 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.
Laws LJ held that although Manchester Airport could remove the protestors, Ejectment under old law could only be claimed by someone with title or an estate in land. Also, the Airport was not in occupation, and did not have title, but the court could grant possession to a licensee as part of its power to give relief as a way to give effect to the licensee's right of occupation.