Thomas Russell William Abrey v Richard Symon Abrey & Ors

Thomas Russell William Abrey v Richard Symon Abrey & Ors

There is a serious issue to be tried as to whether the claimant is being or is at risk of being excluded from the partnership business in breach of his rights. Damages would not be an adequate remedy for either party. The balance of convenience favours granting an injunction to protect the claimant's rights as a partner, limited by reference to the working arrangements and necessary business functions, to preserve the status quo pending final resolution.

Parties
Claimant/applicant: Thomas Russell William Abrey; Defendant/respondent: Richard Symon Abrey; Defendant/respondent: Robert Abrey; Defendant/respondent: Giles Matthew Richard Abrey; Defendant/respondent: Matthew Robert Abrey
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Civil Partnership Dispute / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Exclusion of Partner, Partnership Management Rights, Urgency Exception to Arbitration Stay
Partnership Law Civil Procedure Interim Injunctions Exclusion of Partner Partnership Management Rights Urgency Exception to Arbitration Stay

Case Brief

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Parties

Thomas Russell William Abrey

Claimant/applicant

Richard Symon Abrey

Defendant/respondent

Robert Abrey

Defendant/respondent

Giles Matthew Richard Abrey

Defendant/respondent

Matthew Robert Abrey

Defendant/respondent

Procedural Posture

Civil Partnership Dispute / Interim Injunction Application

Legal Issues

  1. 1 Whether the claimant is being or is at risk of being excluded from participation in the management of the partnership business
  2. 2 Whether an interim injunction should be granted to restrain exclusion/interference with partnership rights
  3. 3 Whether the urgency exception to a stay under s.9 Arbitration Act 1996 applies

Ratio Decidendi

There is a serious issue to be tried as to whether the claimant is being or is at risk of being excluded from the partnership business in breach of his rights. Damages would not be an adequate remedy for either party. The balance of convenience favours granting an injunction to protect the claimant's rights as a partner, limited by reference to the working arrangements and necessary business functions, to preserve the status quo pending final resolution.

Court Disposition

Interim injunction granted

Orders

  • The defendants are restrained from excluding or impeding the claimant's participation in the management of the partnership business, subject to the working arrangements and specified limitations.
  • The claimant is to abide by the working arrangements as recorded in the order.