Beverley Winchester & Anor v Farmer

Beverley Winchester & Anor v Farmer

The court found that a binding oral agreement existed granting the respondent a 20% interest and profit share in the care home business known as Gresham Care, including Chippings, Upfield, and Poplars, with profit share calculated before payment of salaries. The evidence, including documentary records and conduct of...

Source-derived case information.

Parties
Appellant: Beverley Winchester; Appellant: Patrick Winchester; Respondent: John Adrian Farmer
Jurisdiction
England and Wales
Judgment Date
16 October 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Oral Agreements, Profit Sharing, Business Partnership, Investment, Termination of Contract
Contract Law Commercial Law Oral Agreements Profit Sharing Business Partnership Investment Termination of Contract

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Parties

Beverley Winchester

Appellant

Patrick Winchester

Appellant

John Adrian Farmer

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an oral agreement existed granting the respondent a 20% interest and profit share in the care home business known as Gresham Care.
  2. 2 Whether the agreement extended to care homes beyond Chippings, including Upfield and Poplars.
  3. 3 Whether the profit share was to be calculated before payment of salaries to the appellants.

Ratio Decidendi

The court found that a binding oral agreement existed granting the respondent a 20% interest and profit share in the care home business known as Gresham Care, including Chippings, Upfield, and Poplars, with profit share calculated before payment of salaries. The evidence, including documentary records and conduct of the parties, was only consistent with the existence of such an agreement. The appeal was dismissed as the trial judge's findings were supported by the evidence.

Court Disposition

appeal dismissed

Orders

  • Declaration that the respondent loaned the appellants £119,500.
  • Declaration that the respondent owns and is entitled to a 20% interest in the business of owning and operating care homes known as Gresham Care, including Chippings, Upfield, and Poplars.