Action on an instrument of guarantee. Held: judgment for the Claimant in respect of the principal sum of US$2m. and such interest payments as were due. Judges: Teare J Citations: [2011] EWHC 256 (Comm), [2011] 2 All ER (Comm) 385, [2011] BPIR 644, [2011] 2 BCLC 275, [2011] Bus LR 970, [2011] 1 WLR 2038 … Continue reading Global Distressed Alpha Fund 1 Ltd Partnership v Pt Bakrie Investindo: ComC 17 Feb 2011
A partnership of fourteen persons in Great Britain and two in India carried on a business ‘for the production . . of indigo and silk and other produce, and for the sale in Calcutta, or shipment for realisation in Europe, of such produce.’ The partnership deed provided that the business in India should be conducted … Continue reading Laidlay and Others (Laidlay’s Trustees) v The Lord Advocate: HL 7 Aug 1890
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The parties had been partners developing land. The partnership was dissolved and they disputed whether partially completed developments should be sold in their current condition or completed and then sold. Judges: May Ch Citations: [2011] EWHC 2101 (Ch) Links: Bailii Statutes: Partnership Act 1890 38 Jurisdiction: England and Wales Company Updated: 17 September 2022; Ref: … Continue reading Boghani v Nathoo: ChD 2 Aug 2011
Appeals were made after an order declaring an account a between former partners in a wholesale fruit and vegetable business. The dispute related to the applicability of limitation to undrawn profit shares, and the doctrine of Laches. Held: The judge had been entitled to find on the evidence that undrawn profits had been capitalised. There … Continue reading Hopper and Another v Hopper: CA 12 Dec 2008
Employer liable for employee with criminal record An employee of a firm of solicitors took pawned jewellery to show to a third party possible purchaser. The jewels were misappropriated. Held: The person involved, who was known to have a criminal record for fraud was for all relevant purposes the firm’s employee, and they had vicarious … Continue reading Bakhitar v Keosghgerian and Others: QBD 3 Dec 2003
The section in the 1890 Act produced ‘a necessary equation of a partnership firm with employers for this purpose [vicarious liability]’. Vicarious liability is a ‘secondary liability as the liability of one person for the act of another who is acting in the course of his employment or as agent for him . . it … Continue reading Meekins v Henson: 1964
The issue arose as to the liability of a firm for the acts of a partner who had made statements to the claimant regarding the rate of return on a proposed investment amounting to some 6,000 per cent per annum. Held: The following propositions of law held: ‘(i) The principles of vicarious liability of partners … Continue reading Cochlan v Ruberella Limited: CA 21 Jul 2003
The court was asked: ‘a) Does the doctrine of marshalling permit the marshalling of securities held over property that does not belong to the common debtor? In particular, is a creditor of a guarantor entitled to marshal (or be subrogated to) securities which have been granted to another creditor of the guarantor by the primary … Continue reading Highbury Pension Fund Management Company and Another v Zirfin Investments Ltd and Others: ChD 14 Feb 2013
The parties were brother and sister, owning and renting properties. The issue was whether they were in partnership, and to what extent properties in one name were held in trust for the two. Held: A partnership was not to be inferred solely from joint ownership, but from all the circumstances. An intention to create a … Continue reading Robinson v Reeve: ChD 14 Jun 2002
(Victoria) Judges: Lord Davey Citations: [1898] AC 349, [1897] UKPC 54 Links: Bailii Jurisdiction: England and Wales Citing: Applied – Antony Gibbs and Sons v La Societe Industrielle et Commerciale des Metaux CA 1-Jul-1890 The defendant had agreed to buy copper to be delivered in England by the plaintiff. The defendant refused to accept the … Continue reading New Zealand Loan and Mercantile Agency Company Limited v Christina Morrison: PC 15 Dec 1897
The parties had been in partnership as doctors in general practice. The respondent challenged an order made without notice restraining actions which might inhibit the claimant operating his practice. An order dissolving the partnership had already been made. Held: In the case of a partnership an order for dissolution is the beginning of the end, … Continue reading Lie v Mohile: ChD 11 Nov 2014
Bank – Partnership – Deposit – Receipt – Dissolution of Firm – Payment by Bank to Partner of Dissolved Firm on Signature by him of Firm-Name – Partnership Act 1890 (53 and 54 Vict. cap. 39), sec. 38. Judges: Lord Chancellor (Finlay), Lord Dunedin, Lord Shaw, Lord Parker, and Lord Wrenbury Citations: [1917] UKHL 449, … Continue reading Dickson v National Bank of Scotland: HL 17 May 1917
The articles of partnership between the parties required an annual account. A retiring or deceased partner was to be paid out ‘at the amount standing to his credit in the last balance sheet which shall have been signed previously to the date of such retirement or death.’ On the death of a partner on 10 … Continue reading Hunter v Dowling: CA 1893
The liquidator in a voluntary liquidation negligently failed to inform the company’s creditors of the liquidation, and distributed the company’s assets to its contributories without regard to the creditors’ claims. The company was later dissolved. Held: The creditors had a claim against the liquidator. The availability of the statutory remedy of a creditor under section … Continue reading Pulsford v Devenish: ChD 1903
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .