A former partner in a firm could not set off sums due to him from the former partnership, against sums expended by remaining partners in acting to protect partnership property, and claimed from him. There was insufficient mutuality to enforce the set off. The one claim was by partners but as trustees, and the other was a claim directly under the partnership.
Citations:
Times 15-Mar-2001, Gazette 26-Apr-2001, [2001] EWCA Civ 182
Links:
Statutes:
Insolvency Rules 1986 (SI 1986 No 1925) 4.218(1) 4.220(1)
Jurisdiction:
England and Wales
Equity, Company, Insolvency
Updated: 23 May 2022; Ref: scu.135567
