His Honour Judge Behrens sitting as a Judge of the High Court.
The defendant had granted to the claimant a right to drain surface water from its Ellesmere Port Car Plant into the Manchester Ship Canal. The document by which the parties had recorded the agreement was entitled a ‘Licence’ and the right was granted in perpetuity, save that there was a right to terminate it if the annual sum of £50 was not paid. The defendant failed to pay this sum and some months later, the defendant terminated the right. The Court granted relief from forfeiture to the claimant on the grounds that even if the Licence did not give rise to a proprietary interest in land, relief could be granted in exceptional cases if there were sufficient possessory rights conferred.