Litigation Recent Decisions 21/02/95

Right of public to use shopping malls

CIN Properties v Rawlins (1995) (CA 1/2/95) (Balcombe LJ, Roch LJ, Saville LJ)

Summary: Right of lessee of a shopping mall to revoke licences to members of the public to enter.

Appeal by lessees of the Swansgate Shopping Centre, Wellingborough and cross-appeal by young residents of Wellingborough against the decision of the Wellingborough County Court concerning the power of the appellants to revoke, on nuisance grounds, any licence which the respondents might have had to enter the centre. The decision was:

(1) That the respondent and the members of the general public were not bare licensees whose rights to use the pedestrian ways or malls which had replaced the former street pattern could be revoked at will by the appellant.

(2) In the absence of any walkways agreement, the public had an irrevocable right to enter and use the malls subject to reasonable conduct and the right of the appellants in appropriate cases to seek an injunction restraining entry to the centre.