What is the ratio in Ashburn Anstalt v Arnold?

Contractual licences are generally personal rights that cannot bind third party purchasers of land unless exceptional circumstances justify imposing a constructive trust.

What did the court decide in Ashburn Anstalt v Arnold?

The Court of Appeal held that the contractual licence could not bind the third party purchaser and rejected the creation of a constructive trust.

Why is Ashburn Anstalt v Arnold important for licence law?

It re-established the orthodox position that licences are personal rights, limiting their potential to become proprietary interests binding on third parties.

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