Elite Business Systems UK Ltd v Price

Elite Business Systems UK Ltd v Price

Opening a bank account in the name 'H Price T/A Price Communication' did not amount to Mr Price suffering himself to be represented as a partner with his son; the representation made by Andrew to Elite was untrue and unauthorised, and there was no legal basis for holding Mr Price liable for Andrew's debt.

Parties
Respondent/claimant: Elite Business Systems UK Ltd; Appellant/defendant: Huw Price
Jurisdiction
England and Wales
Judgment Date
27 June 2005
Procedural Posture
Civil Appeal / Appeal From Judgment of Judge Chambers QC at Cardiff Civil Justice Centre
Outcome
Appeal allowed; claim against Huw Price dismissed.
Legal Topics
Partnership by Holding Out, Section 14(1) Partnership Act 1890, Liability for Partnership Debts, Estoppel
Commercial Law Partnership Law Partnership by Holding Out Section 14(1) Partnership Act 1890 Liability for Partnership Debts Estoppel

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Parties

Elite Business Systems UK Ltd

Respondent/claimant

Huw Price

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Judgment of Judge Chambers QC at Cardiff Civil Justice Centre

Legal Issues

  1. 1 Whether Huw Price suffered himself to be represented as a partner under section 14(1) of the Partnership Act 1890
  2. 2 Whether opening a bank account in the name 'H Price T/A Price Communication' constituted holding out as a partner
  3. 3 Whether Mr Price is liable for debts incurred by his son Andrew to Elite

Ratio Decidendi

Opening a bank account in the name 'H Price T/A Price Communication' did not amount to Mr Price suffering himself to be represented as a partner with his son; the representation made by Andrew to Elite was untrue and unauthorised, and there was no legal basis for holding Mr Price liable for Andrew's debt.

Court Disposition

Appeal allowed; claim against Huw Price dismissed.

Orders

  • Appeal allowed with costs here and below to the defendant, subject to assessment of costs as reasonably incurred.