Miah & Anor v Miah [2001] EWCA Civ 311 (21 February 2001)

Miah & Anor v Miah [2001] EWCA Civ 311 (21 February 2001)

There was no concluded agreement to dissolve the partnership prior to the issue and service of the writ; the partnership was dissolved by service of the writ; the order for sale of partnership property and taking of accounts was correct; there was no procedural unfairness or error in not requiring an accountant's report at trial.

Citation
[2001] EWCA Civ 311
Parties
Claimant: Mahmud Miah; Claimant: Abdul Matin; Defendant/applicant: Farooq Miah
Jurisdiction
England and Wales
Judgment Date
21 February 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Order in Partnership Proceedings
Outcome
Application for permission to appeal dismissed
Legal Topics
Dissolution of Partnership, Winding Up of Partnership, Sale of Partnership Property, Taking of Partnership Accounts, Appeal Procedure
Partnership Law Civil Procedure Dissolution of Partnership Winding Up of Partnership Sale of Partnership Property Taking of Partnership Accounts Appeal Procedure

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Parties

Mahmud Miah

Claimant

Abdul Matin

Claimant

Farooq Miah

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Order in Partnership Proceedings

Legal Issues

  1. 1 Whether there was a concluded agreement to dissolve the partnership prior to the issue of the writ
  2. 2 Whether the judge erred in ordering sale of partnership property
  3. 3 Whether the judge erred in not requiring an accountant's report at trial

Ratio Decidendi

There was no concluded agreement to dissolve the partnership prior to the issue and service of the writ; the partnership was dissolved by service of the writ; the order for sale of partnership property and taking of accounts was correct; there was no procedural unfairness or error in not requiring an accountant's report at trial.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Order of High Court for sale of partnership property and taking of accounts stands
  • Applicant may bid at auction of partnership property