Bottrill v Harling

Bottrill v Harling

The judge was entitled to find, based on oral evidence and contemporaneous documents, that there was an agreement for Mr Bottrill to be paid his capital account upon retirement, separate from the £25,000 payment for goodwill and assets. The appeal is dismissed as the judge's factual findings were justified and not plainly wrong.

Parties
Respondent: John Bottrill; Appellant: Julia Harling
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Civil Appeal / Appeal From High Court (mercantile Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Partnership Dissolution, Capital Account Entitlement, Oral Agreements, Fiduciary Duties
Partnership Law Contract Law Partnership Dissolution Capital Account Entitlement Oral Agreements Fiduciary Duties

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Parties

John Bottrill

Respondent

Julia Harling

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (mercantile Court) to Court of Appeal

Legal Issues

  1. 1 Whether there was an agreement for payment of the retiring partner's capital account upon retirement
  2. 2 Whether overhead costs for old cases should be attributed to the retiring partner
  3. 3 Whether the agreement was oral, by conduct, or both

Ratio Decidendi

The judge was entitled to find, based on oral evidence and contemporaneous documents, that there was an agreement for Mr Bottrill to be paid his capital account upon retirement, separate from the £25,000 payment for goodwill and assets. The appeal is dismissed as the judge's factual findings were justified and not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Julia Harling dismissed
  • Permission to cross-appeal refused