Ranger v Ranger & Anor [2001] EWCA Civ 2073 (12 December 2001)

Ranger v Ranger & Anor [2001] EWCA Civ 2073 (12 December 2001)

The judge's findings that an equal partnership existed and that the properties were partnership assets were supported by the evidence, particularly the credible testimony of Shirley Williams. The limitation arguments failed because the claims were based on fiduciary obligations and a trust, not debt, and the partnership continued until Noel's bankruptcy. The judge's discretion on the form of order was not shown to be wrong. There was no miscarriage of justice warranting permission to appeal.

Citation
[2001] EWCA Civ 2073
Parties
Claimant: Noel Ranger; First Defendant / Applicant: Victor George Ranger; Second Defendant / Respondent: Shirley Williams
Jurisdiction
England and Wales
Judgment Date
12 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Order
Outcome
Applications refused
Legal Topics
Partnership Dissolution, Trusts Arising From Partnership Property, Limitation Periods in Partnership Disputes, Orders for Sale and Distribution of Partnership Assets, Findings of Fact on Appeal
Partnership Law Trusts Property Law Civil Procedure Partnership Dissolution Trusts Arising From Partnership Property Limitation Periods in Partnership Disputes Orders for Sale and Distribution of Partnership Assets +1 more

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Parties

Noel Ranger

Claimant

Victor George Ranger

First Defendant / Applicant

Shirley Williams

Second Defendant / Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Order

Legal Issues

  1. 1 Whether the trial judge erred in finding an equal partnership existed between the parties in relation to the properties
  2. 2 Whether the claims were statute-barred by limitation
  3. 3 Whether the judge should have made a special order permitting buy-out rather than sale of partnership assets

Ratio Decidendi

The judge's findings that an equal partnership existed and that the properties were partnership assets were supported by the evidence, particularly the credible testimony of Shirley Williams. The limitation arguments failed because the claims were based on fiduciary obligations and a trust, not debt, and the partnership continued until Noel's bankruptcy. The judge's discretion on the form of order was not shown to be wrong. There was no miscarriage of justice warranting permission to appeal.

Court Disposition

Applications refused

Orders

  • Permission to appeal refused as to both respondents
  • Application to amend grounds of appeal refused