Abbey National Building Society v Cann [1991]

Key Points of the Case:

• Permanence and Continuity: Lord Oliver emphasised that a mere "fleeting presence" is insufficient to establish actual occupation. There must be a degree of permanence and continuity.

• Nature and Purpose of Property: The determination of actual occupation must consider "the nature and purpose of the property" being claimed.

• Caretaker’s Role: A caretaker of a company can establish actual occupation on behalf of their employer, depending on the degree of permanence and continuity.