Campbell v Campbell

Campbell v Campbell

Richard and Robert were equal partners in the jewellery business, including overseas companies. Robert breached duties by failing to protect partnership assets, withholding information, and appropriating assets. Relief is not barred by limitation, laches, acquiescence, or reflective loss. The partnership is to be wound up with mutual accounts and in specie distribution of assets.

Parties
Claimant: Richard Andrew Campbell; Defendant: Robert Campbell
Jurisdiction
England and Wales
Judgment Date
26 January 2017
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Claimant; partnership to be wound up; Counterclaim dismissed except as regards mutual accounts and distribution in specie.
Legal Topics
Partnership Dissolution, Fiduciary Duties, Winding Up, Breach of Duty, Co Ownership, Reflective Loss, Limitation, Remedies
Partnership Law Company Law Equity Partnership Dissolution Fiduciary Duties Winding Up Breach of Duty Co Ownership +3 more

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Parties

Richard Andrew Campbell

Claimant

Robert Campbell

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Richard and Robert were equal partners in the jewellery business
  2. 2 Whether the partnership extended to overseas companies (RCJL, MLL, AGL, LCC)
  3. 3 Whether Robert breached duties owed to Richard regarding share transfers, information, and management

Ratio Decidendi

Richard and Robert were equal partners in the jewellery business, including overseas companies. Robert breached duties by failing to protect partnership assets, withholding information, and appropriating assets. Relief is not barred by limitation, laches, acquiescence, or reflective loss. The partnership is to be wound up with mutual accounts and in specie distribution of assets.

Court Disposition

Judgment for Claimant; partnership to be wound up; Counterclaim dismissed except as regards mutual accounts and distribution in specie.

Orders

  • Declarations of equal partnership and partnership assets including shares in RCJL, MLL, AGL, LCC
  • Mutual accounts ordered for last 10 years, identifying transactions above specified thresholds