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 the claimant owed the other several thousand pounds.
Held: The words ‘share of the partnership’ meant the outgoing partner’s share in the proprietary ownership assets. When the Act intended to refer to net assets it did so explicitly.
Judges:
Lightman J
Citations:
[2005] 1 WLR 1979, [2005] EWHC 43 (Ch), Times 07-Feb-2005, [2005] 1 All ER 990
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – In Re Bourne CA 1906
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 . .
Cited – Barclays Bank Trust Co Ltd v Bluff 1982
Section 42(1) did not apply to capital profits made during the post dissolution period. . .
Cited – Taylor v Grier (No 3) ChD 12-May-2003
. .
Cited – Willett v Blanford 1842
A partner continuing after a dissolution was liable to account as a fiduciary to the outgoing partner in respect of his unauthorised use for his own benefit of the assets of the partnership. The quantum of the entitlement of the Outgoing Partner in . .
Cited – Manley v Sartori ChD 1927
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 . .
Cited – Yates v Finn 1880
After the dissolution of a partnership, it was held right and equitable to divide the profits between the parties in accordance with their contributions to the capital of the partnership. . .
Cited – Popat v Shonchatra CA 25-Jun-1997
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. . .
Cited – De Renzy v De Renzy 1924
(New Zealand) Brothers were partners. One died and the other, wrongly believing himself entitled to do so under an agreement to purchase his brother’s share, made a payment to his brother’s estate of the purchase price for that share which he . .
Cited – R W Pathirana v A Pathirana PC 1967
Section 29 requires a partner to account to the partnership for any private benefit which he derives at the expense of the partnership, and this duty subsists after the dissolution of the partnership until the winding up is completed. An inalienable . .
Cited by:
Appeal from – Gill v Sandhu (No. 2) CA 2-Nov-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 29 June 2022; Ref: scu.222022