Cheema v Jones & Ors [2017] EWCA Civ 1706 (02 November 2017)

Cheema v Jones & Ors [2017] EWCA Civ 1706 (02 November 2017)

The partnership formed on 1 July 2016 was a partnership at will, not governed by the April Agreement, as the parties intended to enter into a new agreement and not all new partners were aware of or agreed to the old terms; the partnership was validly dissolved by notice.

Source-derived case information.

Citation
[2017] EWCA Civ 1706
Parties
Appellant: Dr. Samrath Singh Cheema; Respondent: Dr. Stephen Jones; Respondent: Dr. Reshma Rasheed; Respondent: Dr. Mita Roy; Respondent: Dr. Meenakshi Rawal
Jurisdiction
England and Wales
Judgment Date
02 November 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Partnership at Will, Novation, Dissolution of Partnership, Injunctive Relief, Just and Equitable Winding Up
Partnership Law Commercial Law Partnership at Will Novation Dissolution of Partnership Injunctive Relief Just and Equitable Winding Up

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Summary, issues, holding and outcome

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Parties

Dr. Samrath Singh Cheema

Appellant

Dr. Stephen Jones

Respondent

Dr. Reshma Rasheed

Respondent

Dr. Mita Roy

Respondent

Dr. Meenakshi Rawal

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the new partnership was a partnership at will or governed by the April Agreement
  2. 2 Whether the new partners were bound by the terms of the April Agreement
  3. 3 Whether the partnership was validly dissolved by notice

Ratio Decidendi

The partnership formed on 1 July 2016 was a partnership at will, not governed by the April Agreement, as the parties intended to enter into a new agreement and not all new partners were aware of or agreed to the old terms; the partnership was validly dissolved by notice.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Declarations that the partnership at will was formed and validly dissolved by notice stand