The court has an inherent power to make declarations even though they have not been claimed in the proceedings. In order to give effect to a partnership, the partner who owns the premises on which the partnership business is carried on is taken to have granted a licence to the other partner or partners to enter upon the premises for the purposes of the partnership business
Pearson LJ considered it unnecessary to decide what ‘the strictly correct practice should be, because it is perfectly plain that this court ought to make some declaratory order’, even though none had been pleaded.
Judges:
Harman, Pearson and Davies LJJ
Citations:
[1964] 1 WLR 456
Jurisdiction:
England and Wales
Citing:
Cited – Goldsack v Shore CA 1950
Lord Evershed said: ‘If the subsection applies to it, it must be capable of being so modified (and that must mean modified consistently with its own terms) as to become enlarged into a tenancy from year to year.’ . .
Cited by:
Cited – Cowan v Scargill and Others ChD 13-Apr-1984
Trustee’s duties in relation to investments
Within the National Coal Board Pension scheme, the trustees appointed by the NCB were concerned at the activities of the trustees of the miners, and sought directions from the court. The defendants refused to allow any funds to be invested abroad. . .
Cited – Lie v Mohile ChD 11-Nov-2014
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. On oder dissolving the partnership had already . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Company
Updated: 30 April 2022; Ref: scu.222829