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
Lord Macmillan considered the construction of the word ‘person’ in the context of a partnership under Scots law: ‘The word ‘person’ is in the singular, but it includes the plural and also any body of persons corporate or unincorporate: Interpretation Act, 1889, s.1, sub-s.1(b), and s,19. In considering whether a partnership or a group of … Continue reading Income Tax Commissioners for City of London v Gibbs: HL 1942
The court considered the liability of partners in a solicitors’ firm for embezzlement of client money by an employee of the firm. Once the true position became known, after many years, the client sued the surviving partners, who relied on . .
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The parties had entered into partnership to open and run a restaurant, but without a formal agreement. They differed as to the values contributed by their respective efforts. After failures to disclose materials requested, the defendant we precluded from presenting evidence himself. He said that, the accounts having been drawn, Mrs Miller was precluded under … Continue reading Hopton v Miller: ChD 31 Aug 2010
The death of a partner caused the dissolution of the partnership. The survivors continued the partnership business on their own account. The question arose as to the entitlement of the personal representatives of the deceased partner to a share of the profits earned between the death of the partner and the winding up. Held: Romer … Continue reading Manley v Sartori: ChD 1927
The court considered the valuation of asets on the dissolution of a partnership at will. Held: The appeal was allowed. The proper share of a partner in the assets was his proportion ascertained from the partnership assets after they had all been realised and converted into money.Black J said: ‘the correct interpretation of section 42(1) … Continue reading Gill v Sandhu (No. 2): CA 2 Nov 2005
The partnership had been dissolved. It had involved conversion of a property to be run as a nursing home. The claimant was to manage the home, and the profits would be used first to pay him a salary, and then to be divided equally. When wound up there was a deficit in the partnership, and … Continue reading Hardip Singh Gill v Kulbir Singh Sandhu: ChD 26 Jan 2005
Section 42(1) did not apply to capital profits made during the post dissolution period. Citations: [1982] Ch 172 Statutes: Partnership Act 1890 42(1) Jurisdiction: England and Wales Cited by: Cited – Hardip Singh Gill v Kulbir Singh Sandhu ChD 26-Jan-2005 The partnership had been dissolved. It had involved conversion of a property to be run … Continue reading Barclays Bank Trust Co Ltd v Bluff: 1982
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Partnership assets, both as to capital and revenue were to be divided equally between the partners in the absence of an agreement otherwise even though they had made an unequal contribution. Judges: Nourse LJ Citations: Times 04-Jul-1997, Gazette 09-Jul-1997, [1997] EWCA Civ 1966, [1997] 1 WLR 1367 Links: Bailii Statutes: Partnership Act 1890 24 Jurisdiction: … Continue reading Popat v Shonchatra: CA 25 Jun 1997
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
An inalienable government contract held by one of the partners constituted a partnership asset. On the dissolution of the partnership, a value had to be given to it (since it could not be sold) and the partner who held it debited with that amount in the partnership accounts. Judges: Lord Romilly MR Citations: (1872) LR … Continue reading Ambler v Bolton: CA 1872
Two brothers farmed in partnership. The partnership was dissolved in 1998 on the death of one brother, but the business continued. The farm was affected by the foot and mouth outbreak in 2001, and the second brother died shortly after. Compensation became payable, and the two sets of executors sought directions as to how the … Continue reading Emerson (Executrix of James Henry Emerson) v Estate of Thomas Matthew Emerson: CA 5 Feb 2004
The Plaintiff’s house was damaged by roots penetrating from trees on adjoining land. At first instance, Sellers J found that the damage was caused by the trees, but they were not proven to be the property of the defendants. On appeal and after further evidence it was found that the trees had been growing for … Continue reading Davey v Harrow Corporation: CA 1957
On the dissolution of a partnership and in the absence of some agreement to the contrary, the partners have the right, and the duty, to realise the partnership properly and for the purpose of that realisation to carry on the business if it is necessary so to do. Judges: Vaughan Williams LJ Citations: [1906] 2 … Continue reading In Re Bourne: CA 1906
‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
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
Two partners had together bought several properties for development, and now disputed the interests in one of them. One partneer had dies, and the refusal of development permission and the fall in property values left the land in negative equity. The court was asked to find that a partnership existed and that the estate was … Continue reading Ketteringham and Another v Hardy: ChD 3 Feb 2011
EAT CONTRACT OF EMPLOYMENT – Whether establishedThe Claimant, who is a solicitor, became a salaried partner in a partnership, which became a Limited Liability Partnership, which was the Respondent. The Claimant became a Fixed Share Partner. He received a salary and a designated but a small share of the profits. He was also liable to … Continue reading Tiffin v Lester Aldridge Llp: EAT 16 Nov 2010
Approprietary remedy against Fraudulent Agent The Court was asked whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or commission. Held: The appeal … Continue reading FHR European Ventures Llp and Others v Cedar Capital Partners Llc: SC 16 Jul 2014
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 . .
