Smith & Anor v Crawshay

Smith & Anor v Crawshay

There was a single partnership between the testatrix and the defendant, dissolved on the testatrix's death. Plot 12/7 Weekaborough Drive and Lower Polsham Road were partnership assets or belonged to the estate, not the defendant. There was no agreement to equalise capital accounts. The defendant is not entitled to remuneration or restitution for services provided to the partnership. The defendant must account for partnership assets used after the testatrix's death.

Parties
Claimant: Lynn Smith; Claimant: Deena Jane Patrick; Defendant: Arthur John Morris Crawshay
Jurisdiction
England and Wales
Judgment Date
30 September 2019
Procedural Posture
Civil (partnership/probate) / Trial Judgment
Outcome
Claim allowed (for claimants)
Legal Topics
Dissolution of Partnership, Beneficial Ownership of Property, Capital Account Equalisation, Unjust Enrichment, Remuneration of Partners, Binding Effect of Partnership Accounts
Partnership Law Probate Trusts Dissolution of Partnership Beneficial Ownership of Property Capital Account Equalisation Unjust Enrichment Remuneration of Partners +1 more

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Parties

Lynn Smith

Claimant

Deena Jane Patrick

Claimant

Arthur John Morris Crawshay

Defendant

Procedural Posture

Civil (partnership/probate) / Trial Judgment

Legal Issues

  1. 1 Whether there was one partnership or multiple partnerships between the testatrix and the defendant
  2. 2 Whether certain properties (Plot 12/7 Weekaborough Drive and Lower Polsham Road) were partnership assets or belonged beneficially to the testatrix or defendant
  3. 3 Whether there was an agreement to equalise capital accounts between the partners

Ratio Decidendi

There was a single partnership between the testatrix and the defendant, dissolved on the testatrix's death. Plot 12/7 Weekaborough Drive and Lower Polsham Road were partnership assets or belonged to the estate, not the defendant. There was no agreement to equalise capital accounts. The defendant is not entitled to remuneration or restitution for services provided to the partnership. The defendant must account for partnership assets used after the testatrix's death.

Court Disposition

Claim allowed (for claimants)

Orders

  • Declaration that Plot 12/7 Weekaborough Drive is not a partnership asset but belongs to the estate of the testatrix
  • Declaration that Lower Polsham Road (Glen Court) is a partnership asset