Thomas v Clydesdale Bank plc [2010]

Key Points of the Case:

• Physical Presence and Intention: Ramsey J endorsed the approach of Mummery J in Link Lending.

• Demonstration of Actual Occupation: It was held that Ms. Thomas was in actual occupation of the property even though it was being renovated at the time of the disposition.

• Alignment with Intention: The determination of actual occupation was aligned with Ms. Thomas's intention and wish to remain in the property.