Clarke v Harlowe [2005] EWHC 3062 (Ch) (12 August 2005)

Clarke v Harlowe [2005] EWHC 3062 (Ch) (12 August 2005)

Equitable accounting does not apply to improvements made to jointly owned property prior to separation where there was no breach of obligation or agreement to contribute; the express declaration of trust governs the beneficial interests.

Citation
[2005] EWHC 3062 (Ch)
Parties
Claimant: Margot Alison Clarke; Defendant: Christopher Michael Harlowe
Jurisdiction
England and Wales
Judgment Date
12 August 2005
Procedural Posture
Application Under Trusts of Land and Appointment of Trustees Act 1996 / Preliminary Ruling
Outcome
Application for equitable accounting in respect of improvements prior to separation dismissed.
Legal Topics
Trusts of Land, Equitable Accounting, Beneficial Ownership, Express Declaration of Trust
Property Law Equity Trusts of Land Equitable Accounting Beneficial Ownership Express Declaration of Trust

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Margot Alison Clarke

Claimant

Christopher Michael Harlowe

Defendant

Procedural Posture

Application Under Trusts of Land and Appointment of Trustees Act 1996 / Preliminary Ruling

Legal Issues

  1. 1 Whether equitable accounting applies to improvements made to jointly owned property prior to separation
  2. 2 Whether express declaration of trust governs beneficial interests in property

Ratio Decidendi

Equitable accounting does not apply to improvements made to jointly owned property prior to separation where there was no breach of obligation or agreement to contribute; the express declaration of trust governs the beneficial interests.

Court Disposition

Application for equitable accounting in respect of improvements prior to separation dismissed.

Orders

  • No equitable accounting to be applied to improvements made to Bank House prior to separation.
  • Distribution of net proceeds of sale to be governed by express declaration of trust.