Licences, Leases and the Mystery of Possession Plus ça change 6pm – 8pm
It is over 30 years since Street v Mountford and Ashburn Anstalt v Arnold appeared to have put to rest the “heresy ” of a proprietary licence. However, recent decisions suggest that the courts remain prepared to imbue licences with at least some proprietary characteristics. Professor Martin Dixon examines whether we are returning to a time when the simple distinction between licences and interests in land is breaking down. Is our concept of possession more subtle than previously we might have imagined? Philip Sissons considers the practical consequences of these developments and whether a binary lease/licence distinction fits comfortably with modern commercial requirements for the flexible use of property, including possible connotations under the Electronic Communications Code.