Ketteringham & Anor v Hardy [2011] EWHC 162 (Ch) (03 February 2011)

Ketteringham & Anor v Hardy [2011] EWHC 162 (Ch) (03 February 2011)

There was no common intention or agreement that Nicholas Ketteringham or his estate should contribute to the mortgage liability or negative equity on 2FF. The property and mortgage were in Hardy's sole name, and all mortgage payments were made by Hardy. The Declaration of Trust and Joint Venture Agreement expressly excluded partnership and joint liability. Therefore, no equitable accounting obligation arises, and the estate is not liable for the loss.

Citation
[2011] EWHC 162 (Ch)
Parties
Claimant: Gregory Ketteringham; Claimant: Simon Ketteringham; Defendant: Jonathan Charles Hardy
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Probate Dispute / Final Judgment
Outcome
claim allowed
Legal Topics
Equitable Accounting, Joint Venture, Declaration of Trust, Mortgage Liability, Negative Equity
Property Law Trusts and Equity Partnership Law Equitable Accounting Joint Venture Declaration of Trust Mortgage Liability Negative Equity

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Parties

Gregory Ketteringham

Claimant

Simon Ketteringham

Claimant

Jonathan Charles Hardy

Defendant

Procedural Posture

Probate Dispute / Final Judgment

Legal Issues

  1. 1 Is the estate of Nicholas Ketteringham liable to contribute to the negative equity on 2 Fenton Fold Oakenshaw, Bradford?
  2. 2 Was there a partnership between Nicholas Ketteringham and Jonathan Hardy regarding 2FF?
  3. 3 Does equitable accounting require the estate to contribute to the mortgage shortfall?

Ratio Decidendi

There was no common intention or agreement that Nicholas Ketteringham or his estate should contribute to the mortgage liability or negative equity on 2FF. The property and mortgage were in Hardy's sole name, and all mortgage payments were made by Hardy. The Declaration of Trust and Joint Venture Agreement expressly excluded partnership and joint liability. Therefore, no equitable accounting obligation arises, and the estate is not liable for the loss.

Court Disposition

claim allowed

Orders

  • The estate of Nicholas Ketteringham is not liable to contribute to the negative equity or mortgage shortfall on 2 Fenton Fold Oakenshaw, Bradford.