Hodson v Hodson & Ors [2009] EWHC 430 (Ch) (12 March 2009)

Hodson v Hodson & Ors [2009] EWHC 430 (Ch) (12 March 2009)

The Deed of Partnership and the factual circumstances established that Mrs Rowlands was a partner in Tudor Rose from 1 August 2000 to 31 July 2003. The arrangement satisfied the statutory definition of partnership, and there was no effective termination or variation of the partnership before 31 July 2003.

Citation
[2009] EWHC 430 (Ch)
Parties
Claimant: Paul Simon Graham Hodson; First Defendant: Mark William Hodson; Second Defendant: Kim Marie Hodson; Third Defendant: Hodson (UK) Developments Ltd; Fourth Defendant: Neil Cloutman; Fifth Defendant: Tudor Rose; Sixth Defendant: Julienne Rowlands; Seventh Defendant: Jenny Okafor
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Chancery Division Civil Claim / Preliminary Issue Trial
Outcome
Declaration that Julienne Rowlands was a partner in Tudor Rose from 1 August 2000 to 31 July 2003.
Legal Topics
Existence of Partnership, Liability of Partners, Interpretation of Partnership Agreements, Professional Supervision Requirements, Termination and Variation of Partnership, Holding Out as Partner
Partnership Law Equity and Trusts Professional Regulation Existence of Partnership Liability of Partners Interpretation of Partnership Agreements Professional Supervision Requirements Termination and Variation of Partnership +1 more

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Parties

Paul Simon Graham Hodson

Claimant

Mark William Hodson

First Defendant

Kim Marie Hodson

Second Defendant

Hodson (UK) Developments Ltd

Third Defendant

Neil Cloutman

Fourth Defendant

Tudor Rose

Fifth Defendant

Julienne Rowlands

Sixth Defendant

Jenny Okafor

Seventh Defendant

Procedural Posture

Chancery Division Civil Claim / Preliminary Issue Trial

Legal Issues

  1. 1 Whether Julienne Rowlands was a partner with Neil Cloutman in Tudor Rose from 1 August 2000 to 31 July 2003
  2. 2 Whether the partnership ceased on or about 17 December 2001

Ratio Decidendi

The Deed of Partnership and the factual circumstances established that Mrs Rowlands was a partner in Tudor Rose from 1 August 2000 to 31 July 2003. The arrangement satisfied the statutory definition of partnership, and there was no effective termination or variation of the partnership before 31 July 2003.

Court Disposition

Declaration that Julienne Rowlands was a partner in Tudor Rose from 1 August 2000 to 31 July 2003.

Orders

  • Declaration as to partnership status for the relevant period.