Prasad v Hanif

Prasad v Hanif

The defendant is liable to indemnify the partnership for employee claims due to breaches of duty and is not entitled to any legal or equitable interest in the practice property; partnership accounts should be adjusted to account for diverted receipts, and no unauthorized expenses are to be indemnified by the claimant.

Parties
Claimant: Dr Anant Prasad; Defendant: Dr Shaista Hanif
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Civil Partnership Dispute / Judgment After Trial of Preliminary Issues
Outcome
Claimant's claims for indemnity and declarations granted; defendant's claims to property and other relief dismissed.
Legal Topics
Partnership Dissolution, Indemnity for Employee Claims, Equitable Interest in Property, Partnership Accounting, Unauthorized Expenses
Partnership Law Property Law Employment Law Partnership Dissolution Indemnity for Employee Claims Equitable Interest in Property Partnership Accounting Unauthorized Expenses

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Parties

Dr Anant Prasad

Claimant

Dr Shaista Hanif

Defendant

Procedural Posture

Civil Partnership Dispute / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the claimant is entitled to indemnity for employee claims
  2. 2 Whether the claimant is responsible for failure to utilize insurance for employee claims
  3. 3 Whether the defendant has an equitable interest in the practice property

Ratio Decidendi

The defendant is liable to indemnify the partnership for employee claims due to breaches of duty and is not entitled to any legal or equitable interest in the practice property; partnership accounts should be adjusted to account for diverted receipts, and no unauthorized expenses are to be indemnified by the claimant.

Court Disposition

Claimant's claims for indemnity and declarations granted; defendant's claims to property and other relief dismissed.

Orders

  • Defendant to indemnify partnership against liability to three dismissed employees (£401,435).
  • Defendant to indemnify partnership against any additional liability to Dr Anupama Prasad and Dr Anicatt arising from her breaches of duty.