Lie v Mohile [2014] EWHC 3709 (Ch) (11 November 2014)

Lie v Mohile [2014] EWHC 3709 (Ch) (11 November 2014)

The implied licence for a partner to occupy partnership premises survives dissolution for the purpose of winding up the partnership, and the court may grant an injunction to protect that right pending appeal. The circumstances justified continuation of the injunction and restoration of partnership benefits to Dr Lie.

Source-derived case information.

Citation
[2014] EWHC 3709 (Ch)
Parties
Appellant: Dr Sonny Lie; Respondent: Dr Rajan Mohile
Jurisdiction
England and Wales
Judgment Date
11 November 2014
Procedural Posture
Appeal / Application to Discharge Interim Injunction Pending Appeal
Outcome
Application to discharge or vary the injunction dismissed; interim order continued.
Legal Topics
Partnership Dissolution, Implied Licence to Occupy Premises, Interim Injunctions, Appeal Procedure
Partnership Law Property Law Civil Procedure Partnership Dissolution Implied Licence to Occupy Premises Interim Injunctions Appeal Procedure

Source-derived case record

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Parties

Dr Sonny Lie

Appellant

Dr Rajan Mohile

Respondent

Procedural Posture

Appeal / Application to Discharge Interim Injunction Pending Appeal

Legal Issues

  1. 1 Whether the interim injunction restraining exclusion from partnership premises should be discharged pending appeal
  2. 2 Whether the implied licence for a partner to occupy partnership premises survives dissolution order
  3. 3 Whether professional subscriptions and access to NHS smartcard should be restored pending appeal

Ratio Decidendi

The implied licence for a partner to occupy partnership premises survives dissolution for the purpose of winding up the partnership, and the court may grant an injunction to protect that right pending appeal. The circumstances justified continuation of the injunction and restoration of partnership benefits to Dr Lie.

Court Disposition

Application to discharge or vary the injunction dismissed; interim order continued.

Orders

  • Interim injunction restraining exclusion of Dr Lie from premises continued pending appeal
  • Dr Mohile to pay Dr Lie's full drawings for August 2014 and any July 2014 shortfall within 14 days