The defendant had taken an assignment of the goodwill of a restaurant from the company of which she was a director. The plaintiffs as assignees of any claims of the company, now in liquidation, said that she was liable to account to them for the goodwill.
Held: The judge had been incorrect in not finding that the defendant had misappropriated the goodwill of the business.
Judges:
Ward LJ, Arden LJ, Smith LJ
Citations:
[2007] EWCA Civ 1043
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Commissioners of Inland Revenue v Muller and Co Margarine HL 1901
The House considered the liability, or not, to stamp duty of an agreement made in the UK. Under the Stamp Act 1891 an agreement made in the UK for the sale of any estate or interest in any property except lands or property locally situate out of the . .
Cited – Butler v Evans 1980
The question of the ownership of goodwill in a company is a question of fact. . .
Cited – Murad and Another v Al Saraj and Another CA 29-Jul-2005
An account of profits is available without proof of loss, and the onus is upon the defaulting party to show that profits are not ones for which he should account . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 13 August 2022; Ref: scu.260141