Wild v Wild & Ors

Wild v Wild & Ors

The Farm and Bungalow were not partnership assets as there was no agreement, express or implied, to bring them into the partnership. The inclusion of the Farm in the accounts was not the result of agreement with the First Defendant. The First and Third Defendants have a proprietary estoppel interest in the Bungalow, having incurred substantial expenditure in reliance on assurances from Ben and Jean Wild. The Claimant's milk round remained a partnership asset after dissolution, as it was a continuation of the pre-existing business and retained goodwill.

Parties
Claimant: Gregory Wild; First Defendant: Malcolm Wild; Second Defendant: Jean Wild; Third Defendant: Abigail Wild
Jurisdiction
England and Wales
Judgment Date
31 August 2018
Procedural Posture
Civil Partnership/property Dispute / Judgment After Trial
Outcome
Claim as to Farm and Bungalow being partnership assets dismissed; proprietary estoppel in favour of First and Third Defendants upheld; Claimant's milk round held to be a partnership asset.
Legal Topics
Partnership Assets, Proprietary Estoppel, Constructive Trust, Winding Up of Partnership, Beneficial Ownership, Goodwill
Partnership Law Property Law Equity Partnership Assets Proprietary Estoppel Constructive Trust Winding Up of Partnership Beneficial Ownership +1 more

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Parties

Gregory Wild

Claimant

Malcolm Wild

First Defendant

Jean Wild

Second Defendant

Abigail Wild

Third Defendant

Procedural Posture

Civil Partnership/property Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether Beard Hall Farm and the Bungalow are partnership assets
  2. 2 Whether the First and Third Defendants have an interest in the Bungalow by proprietary estoppel or constructive trust
  3. 3 Whether the Claimant's milk round is a partnership asset

Ratio Decidendi

The Farm and Bungalow were not partnership assets as there was no agreement, express or implied, to bring them into the partnership. The inclusion of the Farm in the accounts was not the result of agreement with the First Defendant. The First and Third Defendants have a proprietary estoppel interest in the Bungalow, having incurred substantial expenditure in reliance on assurances from Ben and Jean Wild. The Claimant's milk round remained a partnership asset after dissolution, as it was a continuation of the pre-existing business and retained goodwill.

Court Disposition

Claim as to Farm and Bungalow being partnership assets dismissed; proprietary estoppel in favour of First and Third Defendants upheld; Claimant's milk round held to be a partnership asset.

Orders

  • The Farm and Bungalow are not partnership assets and remain the property of Jean Wild.
  • If necessary to satisfy the equity, the beneficial interest in the Bungalow is to be transferred to Malcolm and Abigail Wild.