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. An order dissolving the partnership had already been made.
Held: In the case of a partnership an order for dissolution is the beginning of the end, not the end itself. However, it is in my judgment clear from the terms of the order made on 3 March 2014, extending the injunction, that it was to expire on the making of the order at the trial of the dissolution proceedings. The partnership business was not terminated by the order for dissolution, but continues, albeit for the purpose of winding up the partnership. In practice, a partnership business is often continued after dissolution for the purpose of preserving its goodwill and thus maximising the prospects of a sale. Even without the appeal, and the continued injunction, the licence to attend at the premises continued. It was however appropriate to continue the order.
Judges:
David Richards J
Citations:
[2014] EWHC 3709 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Harrison-Broadley v Smith CA 1964
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 . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Company
Updated: 24 July 2022; Ref: scu.538684