Jones v Kernott [2011] UKSC 53

Written By Nicolas Heyes

Court: Supreme Court

Basic Facts:

  • Parties: J (Claimant), K (Defendant).

  • Context: J and K bought property together. Disputes over beneficial ownership arose after the relationship ended and the property was not jointly registered.

Issue for the Court: When can shares be varied?

Held: The Supreme Court ruled that where parties’ intentions as to ownership change over time, the courts can infer or impute a new intention as to shares in the property.

Lady Hale

  • Shared Ownership: The intention of the parties is considered. Shared ownership adjusts based on contributions and agreements during cohabitation.

Nicolas Heyes
Previous

Kaur v Gill [2003] EWCA Civ 1884
Next

Habib Bank v Tailor [1982] 1 WLR 1218