UCB Home Loans Corporation Ltd v Soni & Anor

UCB Home Loans Corporation Ltd v Soni & Anor

Ms Kherdin did not knowingly suffer herself to be represented as a partner in the particular firm (Soni & Co at 23 Ansdell Street) with which UCB dealt, nor did she have knowledge of or authorise the representations made by Mr Soni to UCB. Therefore, the requirements of section 14 of the Partnership Act 1890 were not satisfied and she is not liable to UCB.

Parties
Claimant: UCB Home Loans Corporation Ltd; Defendant: Pritesh Vallabhdas Soni; Defendant: Soni & Co (sued as a firm); Respondent: Ms Nasreen Kherdin
Jurisdiction
England and Wales
Judgment Date
12 February 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Holding Out Under Partnership Act 1890 S.14, Liability for Fraudulent Misrepresentation, Solicitor's Professional Duties, Panel Conveyancing Requirements
Partnership Law Fraud Professional Negligence Holding Out Under Partnership Act 1890 S.14 Liability for Fraudulent Misrepresentation Solicitor's Professional Duties Panel Conveyancing Requirements

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Parties

UCB Home Loans Corporation Ltd

Claimant

Pritesh Vallabhdas Soni

Defendant

Soni & Co (sued as a firm)

Defendant

Ms Nasreen Kherdin

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ms Kherdin is liable under section 14 of the Partnership Act 1890 for representations made by Mr Soni to UCB
  2. 2 Whether Ms Kherdin knowingly suffered herself to be represented as a partner in the particular firm with which UCB dealt
  3. 3 Whether Ms Kherdin had knowledge of or authorised the representations made to UCB

Ratio Decidendi

Ms Kherdin did not knowingly suffer herself to be represented as a partner in the particular firm (Soni & Co at 23 Ansdell Street) with which UCB dealt, nor did she have knowledge of or authorise the representations made by Mr Soni to UCB. Therefore, the requirements of section 14 of the Partnership Act 1890 were not satisfied and she is not liable to UCB.

Court Disposition

Appeal dismissed

Orders

  • Ms Kherdin is not liable to UCB under section 14 of the Partnership Act 1890.
  • No order as to liability against Ms Kherdin.