Concerned meaning of ‘actual occupation’.
Husband held property on trust for himself and wife as
House being renovated – much of day-to-day control of
builders undertaken by wife.
Without wife’s knowledge, husband charged house to
Following matrimonial difficulties husband left house.
Bank loan not repaid and bank brought action for
Court of Appeal held (decision later reversed by House
of Lords on other grounds) that what constitutes actual occupation will depend
upon the nature and state of property in question.
No reason why semi-derelict house cannot be capable of
actual occupation while works proceed and before anyone has started to live
Furthermore physical presence of employee or agent may
be regarded as presence of employer or principal.
Hence there was actual occupation.