Cowan v Wakeling

Cowan v Wakeling

Mr Cowan was not entitled to damages at law for breach of the partnership agreement; his remedy lay in an account after dissolution. The evidence did not support a higher award for lost rent or for the disposal of plant, and the judge's broad-brush approach was justified given the lack of evidence.

Source-derived case information.

Parties
Appellant: George Nicholson Cowan; Respondent: Brian William Wakeling
Jurisdiction
England and Wales
Judgment Date
25 February 2008
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages After Default Judgment
Outcome
appeal dismissed
Legal Topics
Damages Assessment, Partnership Dissolution, Account of Profits, Breach of Partnership Agreement
Partnership Law Civil Procedure Damages Assessment Partnership Dissolution Account of Profits Breach of Partnership Agreement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

George Nicholson Cowan

Appellant

Brian William Wakeling

Respondent

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages After Default Judgment

Legal Issues

  1. 1 Whether the damages awarded to Mr Cowan for breach of partnership agreement were unjustifiably low
  2. 2 Whether Mr Cowan was entitled to damages at law or only to an account after dissolution of the partnership
  3. 3 Whether the evidence supported a higher award for lost rent and disposal of plant

Ratio Decidendi

Mr Cowan was not entitled to damages at law for breach of the partnership agreement; his remedy lay in an account after dissolution. The evidence did not support a higher award for lost rent or for the disposal of plant, and the judge's broad-brush approach was justified given the lack of evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Partnership dissolved by consent