James Hay Pension Trustees Ltd.& Ors v Hird & Ors

James Hay Pension Trustees Ltd.& Ors v Hird & Ors

The Partnership Deed is clear and enforceable according to its terms. There is no evidential or pleaded basis for rectification, variation, or estoppel. The alleged overarching partnership does not bind the claimants as trustees. The claimants are entitled to summary judgment and dissolution of the partnership.

Parties
Claimant: James Hay Pension Trustees Limited; Claimant: Colin Molyneux; Claimant: Alison Molyneux; Defendant: Kean Hird; Defendant: Ian Harris; Defendant: Andrew Coe; Defendant: Frame Investments Limited; Defendant: Frame (Sussex) Limited; Defendant: Daniel Auerbach & Company LLP
Jurisdiction
England and Wales
Judgment Date
27 May 2005
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for claimants
Legal Topics
Rectification, Summary Judgment, Breach of Partnership Agreement, Trusts, Estoppel
Partnership Law Trusts Law Contract Law Rectification Summary Judgment Breach of Partnership Agreement Trusts Estoppel

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Parties

James Hay Pension Trustees Limited

Claimant

Colin Molyneux

Claimant

Alison Molyneux

Claimant

Kean Hird

Defendant

Ian Harris

Defendant

Andrew Coe

Defendant

Frame Investments Limited

Defendant

Frame (Sussex) Limited

Defendant

Daniel Auerbach & Company LLP

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Partnership Deed should be enforced according to its terms
  2. 2 Whether the Partnership Deed is subject to rectification for mistake
  3. 3 Whether an alleged overarching partnership affects the claimants' rights

Ratio Decidendi

The Partnership Deed is clear and enforceable according to its terms. There is no evidential or pleaded basis for rectification, variation, or estoppel. The alleged overarching partnership does not bind the claimants as trustees. The claimants are entitled to summary judgment and dissolution of the partnership.

Court Disposition

summary judgment granted for claimants

Orders

  • Declaration that the Partnership is the beneficial owner of the Special Partner interest in the South Downs Partnership
  • Order that defendants take steps to register the Special Partner interest in the name of the Partnership