Hammonds (A Firm) v Jones [2009] EWCA Civ 1400 (21 December 2009)

Hammonds (A Firm) v Jones [2009] EWCA Civ 1400 (21 December 2009)

Clause 16.2 of the Partnership Deed, when interpreted in context, binds all persons who were partners during the relevant accounting year, including outgoing partners, to the partnership accounts approved by the process outlined in the deed.

Citation
[2009] EWCA Civ 1400
Parties
Claimant Respondent: HAMMONDS (a firm); Defendant Appellant: DAVID JONES
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Civil Appeal / Appeal From High Court, Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Interpretation of Partnership Deed, Binding Effect of Partnership Accounts, Rights of Outgoing Partners
Partnership Law Contract Law Interpretation of Partnership Deed Binding Effect of Partnership Accounts Rights of Outgoing Partners

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

HAMMONDS (a firm)

Claimant Respondent

DAVID JONES

Defendant Appellant

Procedural Posture

Civil Appeal / Appeal From High Court, Preliminary Issue

Legal Issues

  1. 1 Whether partnership accounts approved under clause 16.2 of the Partnership Deed are contractually binding on outgoing partners
  2. 2 Proper interpretation of 'Partner' and 'Partners' in clause 16.2

Ratio Decidendi

Clause 16.2 of the Partnership Deed, when interpreted in context, binds all persons who were partners during the relevant accounting year, including outgoing partners, to the partnership accounts approved by the process outlined in the deed.

Court Disposition

Appeal dismissed

Orders

  • Partnership accounts for the relevant years are binding on the appellant as a retiring partner under clause 16.2 of the Partnership Deed