Esso Petroleum Company Ltd v Fumegrange Ltd and Others

JurisdictionEngland & Wales
Date1994
CourtCourt of Appeal (Civil Division)
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3 cases
  • Car Park Services v Bywater Capital
    • United Kingdom
    • Lands Tribunal (Northern Ireland)
    • 16 Septiembre 2016
    ...to draw the line and determine that there has been exclusive possession: see ESSO Petrolem Co Limited v Fume Grange Limited and Others [1994] 2 EGLR 90. In other cases it can be more difficult to know where the line should be drawn e.g. National Car Parks Ltd v The Trinity Development Co (B......
  • R (National Car Parks Ltd) v Trinity Development Company (Banbury) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 Octubre 2001
    ...as opposed to merely reserving rights of entry. 16 The judge also considered the judgment of the Court of Appeal in Esso Petroleum Co Ltd v Fumegrange Ltd [1994] 46 EG 199 where the Court of Appeal held that the agreement was a licence because of extensive rights of control which the agreem......
  • National Car Parks Ltd v The Trinity Development Company (Banbury) Ltd
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 9 Noviembre 2000
    ...entry. I must, however, examine a number of other clauses. 31 The Court of Appeal in Esso Petroleum Company Limited v Fumegrange Limited [1994] 46 EG 199 treated a clause in the same terms as clause 19 in the Shell-Mex case as, at any rate, an useful starting point. Neil LJ said at page 93G......

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