“… points to the same conclusion, although the question has not been addressed on facts comparable to those in this case: French v Barcham [2008] EWHC 1505 (Ch), [2009] 1 WLR 1124 at [18] (where it was common ground that the trustee in bankruptcy had no right of occupation, which Blackburne J accepted as correct); Davis v Jackson [2017] …”
“…ed by the bankrupt. In such a case, Blackburne J held that the court will “ordinarily if not invariably” order the payment of occupation rent: French v Barcham [2009] 1 WLR 1124 at [35]. Mr Darton submits that the same approach should have been adopted in this case. He goes as far as to say that the judge should have proceeded on the b…”