Hopton v Miller

Hopton v Miller

The partnership between Mrs Hopton and Mr Miller commenced in April 2005 and was dissolved by 30 September 2005, as evidenced by their conduct, cessation of joint business, and agreement to final accounts. Mrs Hopton did not acquire any beneficial interest in The Old Rectory or improvements, as there was no common intention or capital contribution. The partnership assets and profits are to be valued per the accounts, with a modest sum for goodwill. Mrs Hopton is entitled to 21.09% of post-dissolution profits under section 42 of the Partnership Act 1890, resulting in a total award of £20,000. Her higher claims for profits and goodwill are rejected as speculative and unsupported by evidence.

Parties
Claimant: Jan Hopton; Defendant: Trevor William Miller
Jurisdiction
England and Wales
Judgment Date
31 August 2010
Procedural Posture
Partnership Dispute (civil) / Final Judgment After Trial
Outcome
Claim partly allowed; judgment for the claimant for £20,000.
Legal Topics
Dissolution of Partnership, Partnership Accounts, Goodwill Valuation, Disclosure Sanctions, Section 42 Partnership Act 1890, Beneficial Interest in Property
Partnership Law Property Law Civil Procedure Dissolution of Partnership Partnership Accounts Goodwill Valuation Disclosure Sanctions Section 42 Partnership Act 1890 +1 more

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Parties

Jan Hopton

Claimant

Trevor William Miller

Defendant

Procedural Posture

Partnership Dispute (civil) / Final Judgment After Trial

Legal Issues

  1. 1 When did the partnership between the parties commence and terminate?
  2. 2 Is Mrs Hopton entitled to a share of the partnership assets and/or profits after dissolution?
  3. 3 Does Mrs Hopton have a beneficial interest in The Old Rectory or improvements made to it?

Ratio Decidendi

The partnership between Mrs Hopton and Mr Miller commenced in April 2005 and was dissolved by 30 September 2005, as evidenced by their conduct, cessation of joint business, and agreement to final accounts. Mrs Hopton did not acquire any beneficial interest in The Old Rectory or improvements, as there was no common intention or capital contribution. The partnership assets and profits are to be valued per the accounts, with a modest sum for goodwill. Mrs Hopton is entitled to 21.09% of post-dissolution profits under section 42 of the Partnership Act 1890, resulting in a total award of £20,000. Her higher claims for profits and goodwill are rejected as speculative and unsupported by evidence.

Court Disposition

Claim partly allowed; judgment for the claimant for £20,000.

Orders

  • Mr Miller to pay Mrs Hopton £20,000 in full and final settlement of her partnership claim.