Thompson v Foy [2009]

Key Points of the Case:

• Definition of Actual Occupation: Lewison J emphasised that the term "actual" stresses the requirement for physical presence on the property.

• Agreement with Boland: Lewison J agreed with the definition of actual occupation established in Williams & Glyn’s Bank v Boland [1981], where physical presence is crucial for establishing an overriding interest.

• Support from AIB v Turner: This view aligns with AIB Group (UK) Ltd v Turner [2015], where the focus was also on the physical presence of the occupant.

• Expansive Approach: Courts have adopted an expansive approach to actual occupation.

• Continuing Intention to Occupy: Lewison J noted that it is necessary to show a "continuing intention to occupy" the property, highlighting the role of subjective intention in establishing actual occupation.