Elite Business Systems UK Ltd v Price [2005] EWCA Civ 920 (27 June 2005)

Elite Business Systems UK Ltd v Price [2005] EWCA Civ 920 (27 June 2005)

Opening a bank account in the name 'H Price T/A Price Communication' did not constitute a representation that Mr Price was in partnership with Andrew; the representation made by Andrew in the registration form was untrue and unauthorised; there is no legal basis for holding Mr Price liable for Andrew's debt to Elite under section 14(1) of the Partnership Act 1890.

Citation
[2005] EWCA Civ 920
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 Mercantile Judge at Cardiff Civil Justice Centre
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Partnership by Holding Out, Section 14(1) Partnership Act 1890, Liability for Debts, Estoppel
Commercial Law Partnership Law Partnership by Holding Out Section 14(1) Partnership Act 1890 Liability for 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 Mercantile Judge at Cardiff Civil Justice Centre

Legal Issues

  1. 1 Whether Mr 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 representation of partnership
  3. 3 Whether Mr Price is liable for Andrew's debts to Elite

Ratio Decidendi

Opening a bank account in the name 'H Price T/A Price Communication' did not constitute a representation that Mr Price was in partnership with Andrew; the representation made by Andrew in the registration form was untrue and unauthorised; there is no legal basis for holding Mr Price liable for Andrew's debt to Elite under section 14(1) of the Partnership Act 1890.

Court Disposition

Appeal allowed; claim dismissed.

Orders

  • Appeal allowed with costs here and below.
  • Costs below to be assessed; costs judge may disallow costs unreasonably incurred due to improper discovery.