Abrey v Abrey & Ors [2024] EWHC 2689 (Ch) (31 October 2024)

Abrey v Abrey & Ors [2024] EWHC 2689 (Ch) (31 October 2024)

There is a serious issue to be tried regarding exclusion from partnership management; damages are inadequate; balance of convenience favours granting an injunction to protect claimant's rights as partner, limited by Working Arrangements and division of business; urgency justified interim relief.

Citation
[2024] EWHC 2689 (Ch)
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
Interim Injunction Application in Partnership Dispute / Post Hearing, Judgment on Interim Relief
Outcome
Interim injunction granted in favour of claimant
Legal Topics
Partner Exclusion, Management Rights, Interim Relief, Arbitration Stay, Balance of Convenience
Partnership Law Business Law Injunctions Partner Exclusion Management Rights Interim Relief Arbitration Stay Balance of Convenience

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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

Interim Injunction Application in Partnership Dispute / Post Hearing, Judgment on Interim Relief

Legal Issues

  1. 1 Whether the claimant is being excluded from participation in partnership management
  2. 2 Whether an interim injunction should be granted to protect partnership rights
  3. 3 Adequacy of damages as remedy

Ratio Decidendi

There is a serious issue to be tried regarding exclusion from partnership management; damages are inadequate; balance of convenience favours granting an injunction to protect claimant's rights as partner, limited by Working Arrangements and division of business; urgency justified interim relief.

Court Disposition

Interim injunction granted in favour of claimant

Orders

  • Defendants restrained from impeding claimant's participation in partnership management, subject to Working Arrangements and business divisions
  • Claimant to abide by Working Arrangements as recorded in order