19/01/2026
Samuel Knight, instructed by Glennie McKinley of DB Law, recently secured an order for an account of missed mortgage payments and rental profits in relation to two properties in Cornwall.
The proceedings, brought pursuant to TOLATA 1996, involved a former couple who jointly owned two properties in Cornwall.
Upon the breakdown of their relationship, the Claimant remained living in the family home and took on responsibility for the whole of its mortgage – providing a roof over the heads of the couple’s children whilst the Defendant contributed nothing to the maintenance or upkeep of the Property.
The Defendant, instead, took charge of the couple’s other Property (another former family home), letting it and turning a significant profit without ever accounting to the Claimant for her fair share.
After a full-day trial in Truro County Court, including significant cross-examination of both parties and lengthy submissions, Samuel was successful in securing an account for half of the mortgage payments missed by the Defendant, together with compound interest at varying rates set by the Learned Judge. This alone amounted to over £45,000.00 in compensation for the Claimant.
However, not being satisfied that this was sufficient to compensate his client for the Defendant’s wrongs, Samuel also pushed for and secured an order requiring the Defendant to account for rental profits in relation to the second property. This resulted in a further sum of over £3,000.00 being awarded to the Claimant.
Finally, Samuel’s sharp submissions on costs ensured that the Claimant won over £12,000.00 in legal fees – almost all of the costs claimed by his client.
Samuel continues to develop his specialist Civil practice, focusing on Land, TOLATA, and other Chancery matters. If you would like to instruct Samuel, please do not hesitate to contact Chambers’ Civil Clerks at civilclerks@kbgchambers.co.uk or by telephone on 01752 221551.
