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[2002] 1 WLR 1672 (CA). The claimant tenant sued the defendant landlord in PrivateNuisance, alleging that the landlord had allowed the property to become infested with cockroaches. In defence, the landlord claimed that the tenant was, in fact, a trespasser, as a possession order had already been obtained against him. As a trespasser, he could not invoke the law of nuisance at all, regardless of the strength of his claim, as only a person with a proprietary interest in land has title to sue in nuisance (HunterVCanaryWharf1997).

The Court of Appeal rejected this argument, and held that a trespasser with exclusive possession, who was tolerated by the landowner, had standing to sue. Whether this means that such a person is deemed to have a proprietary interest in land, or that Hunter somehow does not apply in such a case, is not entirely clear.