Robin Steve Harry Holden v David Andrew Holden & Anor

The partnership was governed by the Meeting Note and Partnership Act 1890, not the 1990 Draft Deed; variations to terms regarding salaries, interest, and invoices were agreed orally or by conduct, and settled accounts should not be reopened.

Parties: Claimant: Robin Steve Harry Holden; First Defendant: David Andrew Holden; Second Defendant: Nicholas Charles Holden
Jurisdiction: England and Wales
Judgment Date: 11 October 2024
Procedural Posture: Civil / Judgment After Trial of Preliminary Issues
Outcome: Judgment for Claimant on governing terms; no reopening of settled accounts; Partnership to be wound up under Partnership Act 1890.
Legal Topics: Dissolution of Partnership, Variation of Partnership Terms, Settled Accounts, Estoppel, Limitation of Actions

Partnership Law Contract Law Equity Dissolution of Partnership Variation of Partnership Terms Settled Accounts Estoppel Limitation of Actions

Case Brief

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Parties

Robin Steve Harry Holden

Claimant

David Andrew Holden

First Defendant

Nicholas Charles Holden

Second Defendant

Procedural Posture

Civil / Judgment After Trial of Preliminary Issues

Legal Issues

1 Whether the partnership was governed by the Meeting Note and Partnership Act 1890 or by the 1990 Draft Deed
2 Whether variations to partnership terms were agreed
3 Whether settled accounts should be reopened

Ratio Decidendi

Court Disposition

Judgment for Claimant on governing terms; no reopening of settled accounts; Partnership to be wound up under Partnership Act 1890.

Orders

Declaration that Partnership is at will governed by Meeting Note and Partnership Act 1890 (except partition/pre-emption)
No reopening of settled accounts regarding salaries, interest, or invoices