Hodson v Hodson & Ors

Hodson v Hodson & Ors

The Deed of Partnership and subsequent conduct established that Julienne Rowlands was a partner with Neil Cloutman in Tudor Rose from 1 August 2000 to 31 July 2003; the partnership was not terminated or varied by conduct or consent prior to 31 July 2003.

Parties
Claimant: Paul Simon Graham Hodson; Defendant: Mark William Hodson; Defendant: Kim Marie Hodson; Defendant: Hodson (UK) Developments Ltd; Defendant: Neil Cloutman; Defendant: Tudor Rose; Defendant: Julienne Rowlands
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
Declaration that Julienne Rowlands was a partner in Tudor Rose from 1 August 2000 to 31 July 2003.
Legal Topics
Existence of Partnership, Liability of Partners, Solicitors’ Practice Rules, Professional Indemnity Insurance
Partnership Law Professional Negligence Existence of Partnership Liability of Partners Solicitors’ Practice Rules Professional Indemnity Insurance

Case Brief

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Parties

Paul Simon Graham Hodson

Claimant

Mark William Hodson

Defendant

Kim Marie Hodson

Defendant

Hodson (UK) Developments Ltd

Defendant

Neil Cloutman

Defendant

Tudor Rose

Defendant

Julienne Rowlands

Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether Julienne Rowlands was a partner with Neil Cloutman in Tudor Rose from 1 August 2000 to 31 July 2003
  2. 2 Whether the partnership ceased on or about 17 December 2001

Ratio Decidendi

The Deed of Partnership and subsequent conduct established that Julienne Rowlands was a partner with Neil Cloutman in Tudor Rose from 1 August 2000 to 31 July 2003; the partnership was not terminated or varied by conduct or consent prior to 31 July 2003.

Court Disposition

Declaration that Julienne Rowlands was a partner in Tudor Rose from 1 August 2000 to 31 July 2003.

Orders

  • Julienne Rowlands declared to have been a partner in Tudor Rose during the specified period.
  • Further argument to be heard on quantum and any other matters arising.