Faulks v Faulks: ChD 1992

One brother, as tenant farmed land under a partnership with his brother. On the death of either partner, an account was to be taken and a valuation. On the death of the tenant, there was a dispute as to whether the value of the farm’s milk quotahad become a partnership asset. The surviving brother now appealed against the arbitrator’s finding that it was not.
Held: The appeal failed. The quota, though registered in the name of the partnership, could not be separated from the land to which it was attached. It would not have been available on a dissoultion of the partnership under the 1890 Act to meet the creditors of the partnership.


Chadwick J


[1992] 1 EGLR 9


Partnership Act 1890


England and Wales


CitedSmith v Mules 17-Feb-1852
A and B and the son of B entered into partnership as solicitors, and by articles agreed that the partners were diligently and faithfully to employ themselves in carrying on and managing all the professional business in which they or either of them . .
CitedAmbler v Bolton CA 1872
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 . .
CitedPawsey v Armstrong ChD 1881
In the absence of agreement to the contrary, if there is goodwill attached to a business, it must on a dissolution, be sold for the benefit of all partners. The court ordered ‘An account of all dealings and transactions between the Plt and Deft as . .
CitedWachauf v Bundesamt Fur Ernahrung und Forstwirtschaft ECJ 13-Jul-1989
ECJ 1. The term ‘holding’ in Article 12(d) of Council Regulation No 857/84 relating to the application of the additional levy on milk covers all the agricultural production units which are the subject of a lease, . .

Cited by:

AppliedDavies v H and E Ecroyd Ltd ChD 1996
The partnership was made up of a 109 acre dairy holding owned by one partner, and the second partner managed the business. The dairy holding itself was kept out of the partnership assets by explicit agreement. D, the former manager claimed, on the . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Company

Updated: 18 May 2022; Ref: scu.458598