John Sharples acted for the successful respondents in an action for occupation rent at 1st instance and on appeal.  The Court of Appeal hearing was broadcast on YouTube here. The Court reconsidered the law relating to occupation rent and resolved conflicting 1st instance authority (Davies v Jackson [2017] EWHC 698 and French v Barcham [2009] 1 WLR 1124) as to when it was payable.  It emphasised that the focus was on the occupying party’s conduct or circumstances.

It also held a judge was entitled to take into account, in exercising his discretion the increase in the value of the claimant’s share of the property.