The parties were brother and sister, owning and renting properties. The issue was whether they were in partnership, and to what extent properties in one name were held in trust for the two.
Held: A partnership was not to be inferred solely from joint ownership, but from all the circumstances. An intention to create a partnership as such is not necessary, but rather an intention to act in a way which in fact is a partnership at law is enough. Here enough circumstances existed to create a partnership in respect of many but not all the properties at issue..
Judges:
The Honourable Mr Justice Field
Citations:
[2002] EWHC 1179 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Davis v Davis 1894
Conversion of partnership property. The correct approach is not to conclude that there is a partnership simply because one of the presumptions arises on the facts and is not rebutted by something else; instead, all the facts must be considered, not . .
Cited – Waterer v Waterer 1873
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Lists of cited by and citing cases may be incomplete.
Company
Updated: 29 September 2022; Ref: scu.173938