Bathurst v Scarborow [2004] EWCA Civ 411 (01 April 2004)

Bathurst v Scarborow [2004] EWCA Civ 411 (01 April 2004)

The evidence, including the instructions to the solicitor, the transfer form, and the solicitor's letter, established that the partners agreed to hold the property as beneficial joint tenants with the right of survivorship, thereby varying the normal rule of partnership property. The autonomy of the partners under section 19 of the Partnership Act 1890 prevails, and the appeal is allowed in favour of Mr Scarborow.

Citation
[2004] EWCA Civ 411
Parties
Claimant/respondent: John Frederick Bathurst (as Administrator of the estate of Michael David Bathurst deceased); Defendant/appellant: Philip Charles Scarborow
Jurisdiction
England and Wales
Judgment Date
01 April 2004
Procedural Posture
Civil Appeal / Appeal From Chancery Division (master Bowman) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Partnership Property, Joint Tenancy, Right of Survivorship, Declaration of Trust, Beneficial Ownership, Variation of Partnership Terms
Equity Partnership Law Property Law Partnership Property Joint Tenancy Right of Survivorship Declaration of Trust Beneficial Ownership +1 more

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Parties

John Frederick Bathurst (as Administrator of the estate of Michael David Bathurst deceased)

Claimant/respondent

Philip Charles Scarborow

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chancery Division (master Bowman) to Court of Appeal

Legal Issues

  1. 1 Whether the property at 8 Homestead Cottages was partnership property or held as a beneficial joint tenancy with right of survivorship
  2. 2 Whether the partners agreed to vary the normal rule of partnership property in favour of a beneficial joint tenancy

Ratio Decidendi

The evidence, including the instructions to the solicitor, the transfer form, and the solicitor's letter, established that the partners agreed to hold the property as beneficial joint tenants with the right of survivorship, thereby varying the normal rule of partnership property. The autonomy of the partners under section 19 of the Partnership Act 1890 prevails, and the appeal is allowed in favour of Mr Scarborow.

Court Disposition

Appeal allowed

Orders

  • Declaration that the house belongs to Mr Scarborow
  • Costs awarded to Mr Scarborow here and below