Shaw v Shaw: OHCS 1968

‘The authorities to which I was referred, including, in particular, Noble v Noble; Inner House, 28th January 1966 (unreported), and Cruickshank’s Trustees v Sutherland, satisfy me that, as a general principle, where in a partnership it is necessary to make up a balance sheet affecting the money interests of the partners, the partnership assets should be entered in the balance sheet at their fair value to the partners, unless there is provision to the contrary in the contract of co-partnery . . . ‘
Lord Hunter
1968 SLT 94
CitedNoble v Noble IHCS 26-Jan-1966
. .
CitedCruikshank v Sutherland HL 1923
The executors of a deceased partner of the respondents sought relief. The assets had been taken over from an earlier partnership between the parties and had been brought into the accounts of the new partnership at the values at which they had stood . .

Cited by:
CitedIn Re White (Dennis) Deceased; White v Minnis and Another CA 25-May-2000
A family partnership had carried freehold property at its historic cost value in the books, rather than at a market value. After the death of one partner the share came to be valued.
Held: Being a family partnership there was presumption that . .
CitedThom’s Executrix v Russel and Aitken 1983
The court was asked as to how the value of the interest of a deceased partner was to be calculated.
Held: There had been prior dealings at book value as between the partners, and the payment of the deceased partner’s share was restricted to . .

These lists may be incomplete.
Updated: 03 February 2021; Ref: scu.238865