Jones v Kernott

Jones v Kernott

The parties’ conduct after separation, including Mr. Kernott’s cessation of contributions and acquisition of a separate property, justified imputing a change in their beneficial interests. In the absence of evidence as to the precise shares intended, the court was entitled to impute an intention that the shares should be adjusted to what is fair, resulting in a 90:10 split in favour of Ms. Jones.

Parties
Claimant/respondent: Patricia Anne Jones; Defendant/appellant: Leonard Trevor Kernott
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Beneficial Interests, Cohabitation, Trusts of Land and Appointment of Trustees Act 1996
Property Law Equity Constructive Trusts Beneficial Interests Cohabitation Trusts of Land and Appointment of Trustees Act 1996

Case Brief

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Parties

Patricia Anne Jones

Claimant/respondent

Leonard Trevor Kernott

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether and to what extent the beneficial interests in jointly owned property changed after separation and subsequent conduct
  2. 2 Whether the court may impute or infer a change in beneficial interests based on fairness or the parties' conduct

Ratio Decidendi

The parties’ conduct after separation, including Mr. Kernott’s cessation of contributions and acquisition of a separate property, justified imputing a change in their beneficial interests. In the absence of evidence as to the precise shares intended, the court was entitled to impute an intention that the shares should be adjusted to what is fair, resulting in a 90:10 split in favour of Ms. Jones.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay costs of the appeal on the standard basis, subject to detailed assessment if not agreed