Lie v Mohile
The implied licence for access to partnership premises survives dissolution for winding-up purposes; the injunction is justified to protect Dr Lie's position pending appeal and should not be discharged.
- Parties
- Appellant: Dr Sonny Lie; Respondent: Dr Rajan Mohile
- Jurisdiction
- England and Wales
- Judgment Date
- 11 November 2014
- Procedural Posture
- Partnership Action / Appeal From County Court Order
- Outcome
- application to discharge or vary the order dismissed
- Legal Topics
- Dissolution of Partnership, Implied Licence, Injunction, Winding Up Partnership, Tenancy Termination
Case Brief
Summary, issues, holding and outcome
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Parties
Dr Sonny Lie
Appellant
Dr Rajan Mohile
Respondent
Procedural Posture
Partnership Action / Appeal From County Court Order
Legal Issues
- 1 Whether the injunction restraining exclusion from partnership premises continues after dissolution order
- 2 Whether Dr Lie retains a right of access to premises post-dissolution
- 3 Whether the order of Birss J should be discharged or varied
Ratio Decidendi
The implied licence for access to partnership premises survives dissolution for winding-up purposes; the injunction is justified to protect Dr Lie's position pending appeal and should not be discharged.
Court Disposition
application to discharge or vary the order dismissed
Orders
- Order of Birss J to continue pending determination of appeal
- Dr Mohile to pay Dr Lie’s full drawing for August 2014 and any July 2014 shortfall within 14 days
Full Case Text
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