Critically assess whether these statements are an accurate reflection of the current law on ‘actual occupation’ in the light of subsequent cases

Critically assess whether these statements are an accurate reflection of the current law on ‘actual occupation’ in the light of subsequent cases.

Question: In Williams & Glyn’s Bank Ltd v Boland [1981] A.C. 487, 504-505, Lord Wilberforce said that ‘actual occupation’ means ‘physical presence,’ and in Abbey National Building Society v Cann [1991] 1 A.C. 56, 93, Lord Oliver emphasized that the physical presence must ‘involve some degree of permanence and stability.’

Critically assess:

(i) whether these statements are an accurate reflection of the current law on ‘actual occupation’ in the light of subsequent cases such as Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [2002] EWCA Civ 151, Link Lending Ltd v Hussein [2010] EWCA Civ 424, and Baker v Craggs [2016] EWHC 3250 (Ch); and

(ii) whether the courts’ approach to ‘actual occupation’ in the cases mentioned in (i) above is satisfactory. Support your answer by relevant case law, statutory provisions, and academic commentary

Critically assess whether these statements are an accurate reflection of the current law on ‘actual occupation’ in the light of subsequent cases