Failure to leave when a licence is revoked is trespass

When a licence is revoked (even in breach of contract) the licensee becomes a trespasser if he does not leave the property.

In Thompson v Park ([1944] KB 408, CA (Eng)) Thompson and Park agreed to amalgamate their schools and Thompson granted Park a licence to enter his school with the boys from Park’s school. Thompson then revoked the licence (possibly in breach of contract but this point was not relevant to the proceedings). He asked Park to remove his property from the school premises. When Park failed to do so, Thompson removed it. Park and a group of men forced their way back into the school. Thompson was granted an injunction requiring Park to leave. Once the licence was revoked (whether or not in breach of contract) Park’s refusal to leave was a trespass.

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