Ketteringham & Anor v Hardy

Ketteringham & Anor v Hardy

There was no common intention between Nick Ketteringham and Jonathan Hardy that Nick Ketteringham (or his estate) should contribute to the mortgage liability or negative equity on 2FF. The property was conveyed into the sole name of Jonathan Hardy, the mortgage was in his name alone, and all mortgage payments were made by him. There was no express or implied agreement for the estate to share the loss. Therefore, no equitable accounting obligation arises, and the estate is not liable to contribute to the negative equity.

Parties
Claimant: Gregory Ketteringham; Claimant: Simon Ketteringham; Defendant: Jonathan Charles Hardy
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Civil Probate/trusts / Judgment After Trial
Outcome
Claim allowed; estate not liable for negative equity
Legal Topics
Equitable Accounting, Declarations of Trust, Joint Venture Agreements, Partnership Act 1890, Negative Equity Liability
Equity Trusts and Estates Property Law Equitable Accounting Declarations of Trust Joint Venture Agreements Partnership Act 1890 Negative Equity Liability

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Parties

Gregory Ketteringham

Claimant

Simon Ketteringham

Claimant

Jonathan Charles Hardy

Defendant

Procedural Posture

Civil Probate/trusts / Judgment After Trial

Legal Issues

  1. 1 Whether the estate of Nick Ketteringham is liable to contribute to the negative equity on 2 Fenton Fold (2FF)
  2. 2 Whether there was a partnership between Nick Ketteringham and Jonathan Hardy regarding 2FF
  3. 3 Whether equitable accounting principles require the estate to contribute to the mortgage shortfall

Ratio Decidendi

There was no common intention between Nick Ketteringham and Jonathan Hardy that Nick Ketteringham (or his estate) should contribute to the mortgage liability or negative equity on 2FF. The property was conveyed into the sole name of Jonathan Hardy, the mortgage was in his name alone, and all mortgage payments were made by him. There was no express or implied agreement for the estate to share the loss. Therefore, no equitable accounting obligation arises, and the estate is not liable to contribute to the negative equity.

Court Disposition

Claim allowed; estate not liable for negative equity

Orders

  • The estate of Nick Ketteringham is not liable to contribute to the loss arising on the sale of 2 Fenton Fold (2FF).