England and Wales Case Law

T v T

There was a clear agreement and understanding between the husband and RT that the farmhouse, land, and buildings were not partnership assets. The wife failed to discharge the burden of proof to show otherwise. The mere inclusion of assets in partnership accounts does not make them partnership property. Only those assets reflected in the husband's current and capital account are partnership assets for the purposes of the financial remedy proceedings.

Source excerpt

• Partnership property
• Beneficial interest
• Financial remedies on divorce
• Burden of proof
• Issue estoppel

Read case analysis

T v T

T v T [2025] EWFC 395 (B) (04 November 2025)

A Family Court preliminary issue in financial remedy proceedings held that a farmhouse, land and buildings were not partnership assets and remained owned by a third party.

• Financial remedies on divorce
• Partnership property
• Asset classification
• Burden of proof
• Issue estoppel
• Financial-remedies

Read case analysis

Julie Annette Merryman v Alex Raymond Merryman & Ors

The intervenors are each entitled to a one-sixth share in Border View Farm and Dunston Farm as partnership property, based on the common understanding and assurances made by Alex and Julie, the intervenors' reliance and detriment, and the integration of these properties into the partnership business. Heavygate Road and Smugglers are not partnership assets, as there was no common understanding or sufficient assurance regarding these properties.

Source excerpt

• Partnership property
• Proprietary estoppel
• Interpretation of partnership agreements
• Beneficial interests in land

Read case analysis

Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors

Where land is acquired in joint names for business purposes, the presumption is that the parties hold as tenants in common in equity, not as joint tenants, unless there is clear evidence to the contrary. The trial judge was correct to find that Cefn Coed Farm was acquired as tenants in common in equal shares.

Source excerpt

• Co-ownership of land
• Tenancy in common vs joint tenancy
• Partnership property
• Beneficial interests
• Right of survivorship

Read case analysis

Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors

Lewison LJ's original order granting permission to appeal on Ground 3 contained an accidental error, corrected under CPR r 40.12; permission to appeal is limited to Ground 5, and the Court cannot grant leave or re-open refusal of permission on Ground 3 except under CPR r 52.30, which does not apply here.

Source excerpt

• Permission to appeal
• Slip rule correction
• Partnership property
• Beneficial ownership
• Abuse of process

Read case analysis

Sean Preson & Anor v Ivan Preson & Ors

There was a common intention at the time of purchase that the Disputed Land and the Three Fields would be owned jointly by Ivan, Wendy, Sean, and Janina in equal shares, and Sean and Janina relied on this to their detriment by contributing half the purchase price. The only reason for the legal division of title was to minimise stamp duty land tax. The alternative claims in proprietary estoppel, unjust enrichment, and partnership property fail.

Source excerpt

• Common intention constructive trust
• Beneficial ownership
• Family property disputes
• Partnership property
• Proprietary estoppel
• Unjust enrichment

Read case analysis

Merryman v Merryman & Ors

Merryman v Merryman & Ors [2024] EWFC 58 (B) (14 March 2024)

A family court held that Border View Farm and Dunston Farm were partnership assets, giving the four intervenors one-sixth shares each, but not in Heavygate Road or Smugglers.

• Partnership property
• Proprietary estoppel
• Interpretation of partnership agreements
• Remedies for estoppel
• Partnership-property
• Proprietary-estoppel

Read case analysis

Williams v Williams & Ors

Williams v Williams & Ors [2024] EWCA Civ 42 (01 February 2024)

The Court of Appeal held that Cefn Coed Farm was acquired for business purposes and was held by the parties as beneficial tenants in common in equal shares.

• Co-ownership of land
• Tenancy in common vs joint tenancy
• Partnership property
• Beneficial interests
• Survivorship
• Proprietary estoppel

Read case analysis

Preson & Anor v Preson & Ors

Preson & Anor v Preson & Ors [2023] EWHC 1486 (Ch) (16 June 2023)

The High Court held that Springfield Farm’s Disputed Land and Three Fields were held on a common intention constructive trust in equal shares for all four parties.

• Common intention constructive trust
• Beneficial ownership
• Stamp duty land tax
• Partnership property
• Proprietary estoppel
• Unjust enrichment

Read case analysis

Claire Louise Sandbrook (in her capacity as High Court Enforcement Officer) v Marcus Herring & Anor

The High Court held that section 23 of the Partnership Act 1890 is in point in a writ of control case involving partnership assets, and reserved fuller resolution of the consequences.

• Enforcement of judgment debts
• Partnership property
• Court fees and disbursements
• Charging orders
• Auction sale proceeds
• Partnership-property

Read case analysis