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England and Wales decisions
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Roberton v Collins [2025] EWHC 3149 (Ch) (28 November 2025)
The High Court held that the parties formed a partnership, not an employment relationship, to develop French property into a hotel. The partnership was dissolved and must be wound up.
The partnership was dissolved by agreement on 31 May 2018 and must be wound up. The partnership accounts for 2008 and 2016 contained serious and significant errors, specifically the erroneous attribution of drawings and misapplication of partnership funds by the Claimant, which must be corrected. The errors are not excused by the passage of time or the apparent acquiescence of the First Defendant, given his lack of understanding and the Claimant's control over the accounts. The documents signed on 28 May 2018 were not intended to be legally binding and do not govern the winding up.
Source excerpt
The court exercised its discretion to order transfer of specified partnership properties to the Claimant by way of interim distribution in specie at a value to be determined by independent valuation, in satisfaction of the judgment debts, rather than ordering sale by auction, as this approach allowed for swift repayment, minimised costs, and reflected the Claimant's position as the only surviving partner. The court also appointed the Claimant's proposed receiver, finding no substantiated bias or overcharging.
Source excerpt
Hayel v Hayel & Ors [2024] EWHC 885 (Ch) (19 April 2024)
Partnership dispute over dissolution and whether settled accounts from 2008, 2011, 2016 and 2018 should be corrected for specific accounting errors.
Bahia v Sidhu & Anor [2023] EWHC 3028 (Ch) (30 November 2023)
The High Court ordered partnership properties to be distributed in specie to satisfy judgment debts and appointed a new receiver, preferring the claimant’s proposal over auction.
The High Court dismissed partnership winding-up and bankruptcy petitions over Black Capital, holding there was a substantial dispute about partnership status and fatal statutory-demand defects.
Morton v Morton & Anor [2022] EWHC 163 (Ch) (27 January 2022)
Family farming partnership dispute over land ownership, partnership assets, proprietary estoppel, and a 2008 transfer. The court partially allowed Julie’s claim and rejected Simon’s rectification claim.
Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)
Costs judgment in a partnership and company dispute over the Stockport Road Nawaab restaurant, deciding no order as to main proceedings costs and awarding enforcement application costs to Mahboob.
The court decided how to realise partnership assets after dissolution, ordering a sale of the property and company share as a unit with safeguards, then a buy-out if no sale succeeded.
Malik v Mahboob Hussain Junior & Ors [2021] EWHC 1405 (Ch) (26 May 2021)
The court decided how to wind up and account for a dissolved partnership in a family restaurant business, addressing sale versus buy-out and valuation issues.
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