Breith v Kelly [2001] EWCA Civ 896 (13 June 2001)

Breith v Kelly [2001] EWCA Civ 896 (13 June 2001)

The application for permission to appeal was refused because the new evidence could have been obtained with reasonable diligence prior to trial, failing the first limb of the Ladd v Marshall test. Additionally, the expulsion notice could not be construed as a six months' notice under the partnership agreement due to the clear distinction between the two mechanisms for ending the partnership.

Citation
[2001] EWCA Civ 896
Parties
Claimant/respondent: Margarita Breith; Defendant/applicant: Joanne Kelly
Jurisdiction
England and Wales
Judgment Date
13 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Partnership Dissolution, Expulsion of Partner, Fresh Evidence on Appeal, Interpretation of Partnership Agreements
Partnership Law Civil Procedure Partnership Dissolution Expulsion of Partner Fresh Evidence on Appeal Interpretation of Partnership Agreements

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

Margarita Breith

Claimant/respondent

Joanne Kelly

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether new evidence satisfies the Ladd v Marshall test for admission on appeal
  2. 2 Whether an expulsion notice can be construed as a six months' notice under the partnership agreement

Ratio Decidendi

The application for permission to appeal was refused because the new evidence could have been obtained with reasonable diligence prior to trial, failing the first limb of the Ladd v Marshall test. Additionally, the expulsion notice could not be construed as a six months' notice under the partnership agreement due to the clear distinction between the two mechanisms for ending the partnership.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused