Campbell v Campbell [2017] EWHC 182 (Ch) (26 January 2017)

Campbell v Campbell [2017] EWHC 182 (Ch) (26 January 2017)

The court found that Richard and Robert Campbell were equal (50/50) partners in the jewellery business, including the overseas companies and their shares, based on express agreement, conduct, and representations. The partnership assets included the shares in RCJL, MLL, AGL, and LCC. Robert's attempts to exclude Richard and withhold information constituted breaches of fiduciary duty. The partnership is to be wound up with full accounting, and Robert is ordered to transfer further shares to Richard to reflect equal ownership.

Citation
[2017] EWHC 182 (Ch)
Parties
Claimant: Richard Andrew Campbell; Defendant: Robert Campbell
Jurisdiction
England and Wales
Judgment Date
26 January 2017
Procedural Posture
Chancery Division Civil Claim / Post Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Partnership Shares, Scope of Partnership, Breach of Fiduciary Duty, Winding Up Partnership, Ownership of Overseas Company Shares, Accounting Between Partners
Partnership Law Equity and Trusts Company Law Partnership Shares Scope of Partnership Breach of Fiduciary Duty Winding Up Partnership Ownership of Overseas Company Shares +1 more

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Parties

Richard Andrew Campbell

Claimant

Robert Campbell

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Trial Judgment

Legal Issues

  1. 1 Whether the partnership shares between Richard and Robert Campbell were 50/50 or 51/49
  2. 2 Whether the partnership extended to overseas companies and their shares
  3. 3 Whether Robert breached fiduciary duties in relation to company shares and information disclosure

Ratio Decidendi

The court found that Richard and Robert Campbell were equal (50/50) partners in the jewellery business, including the overseas companies and their shares, based on express agreement, conduct, and representations. The partnership assets included the shares in RCJL, MLL, AGL, and LCC. Robert's attempts to exclude Richard and withhold information constituted breaches of fiduciary duty. The partnership is to be wound up with full accounting, and Robert is ordered to transfer further shares to Richard to reflect equal ownership.

Court Disposition

Judgment for the claimant

Orders

  • Declaration that Richard and Robert Campbell are equal (50/50) partners in the jewellery business, including overseas companies and their shares.
  • Order for winding up of the partnership and full accounting between the parties.