Hopton v Miller [2010] EWHC 2232 (Ch) (31 August 2010)

Hopton v Miller [2010] EWHC 2232 (Ch) (31 August 2010)

The partnership between Mrs Hopton and Mr Miller commenced in April 2005 and was dissolved by 30 September 2005, as evidenced by the parties' conduct, new partnerships, and agreement for final accounts. Mrs Hopton did not acquire a beneficial interest in The Old Rectory or its improvements, as there was no express or inferred agreement to alter property interests and all funding came from Mr Miller. The value of Mrs Hopton's share at dissolution is based on the partnership accounts and a modest sum for goodwill. Under section 42 of the Partnership Act 1890, Mrs Hopton is entitled to a proportionate share (21.09%) of post-dissolution profits, adjusted for assumed under-declaration of...

Citation
[2010] EWHC 2232 (Ch)
Parties
Claimant: Jan Hopton; Defendant: Trevor William Miller
Jurisdiction
England and Wales
Judgment Date
31 August 2010
Procedural Posture
Partnership Dispute / Final Judgment After Trial; Defendant Debarred From Defending Due to Disclosure Failures
Outcome
Claimant awarded £20,000 as full and final settlement of her partnership claim.
Legal Topics
Partnership Dissolution, Accounting on Dissolution, Goodwill Valuation, Section 42 Partnership Act 1890, Disclosure Sanctions
Partnership Law Equity Partnership Dissolution Accounting on Dissolution Goodwill Valuation Section 42 Partnership Act 1890 Disclosure Sanctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Jan Hopton

Claimant

Trevor William Miller

Defendant

Procedural Posture

Partnership Dispute / Final Judgment After Trial; Defendant Debarred From Defending Due to Disclosure Failures

Legal Issues

  1. 1 When did the partnership commence and terminate?
  2. 2 Is the claimant entitled to a share of the partnership assets and post-dissolution profits?
  3. 3 How should goodwill and assets be valued at dissolution?

Ratio Decidendi

The partnership between Mrs Hopton and Mr Miller commenced in April 2005 and was dissolved by 30 September 2005, as evidenced by the parties' conduct, new partnerships, and agreement for final accounts. Mrs Hopton did not acquire a beneficial interest in The Old Rectory or its improvements, as there was no express or inferred agreement to alter property interests and all funding came from Mr Miller. The value of Mrs Hopton's share at dissolution is based on the partnership accounts and a modest sum for goodwill. Under section 42 of the Partnership Act 1890, Mrs Hopton is entitled to a proportionate share (21.09%) of post-dissolution profits, adjusted for assumed under-declaration of...

Court Disposition

Claimant awarded £20,000 as full and final settlement of her partnership claim.

Orders

  • Defendant to pay claimant £20,000.