Clifford v. Timms [1907] UKHL 966 (21 November 1907)

Clifford v. Timms [1907] UKHL 966 (21 November 1907)

The appellant's sanctioning of advertisements that disparaged rival practitioners and made serious, unsubstantiated allegations amounted to professional misconduct under the partnership agreement, entitling the respondent to terminate the partnership.

Citation
[1907] UKHL 966
Parties
Appellant: Clifford; Respondent: Timms
Jurisdiction
United Kingdom
Judgment Date
21 November 1907
Procedural Posture
Civil Appeal / Appeal From Court of Appeal (england) to House of Lords
Outcome
appeal dismissed
Legal Topics
Partnership Dissolution, Professional Misconduct, Termination of Partnership Agreement
Partnership Law Professional Regulation Partnership Dissolution Professional Misconduct Termination of Partnership Agreement

Case Brief

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Parties

Clifford

Appellant

Timms

Respondent

Procedural Posture

Civil Appeal / Appeal From Court of Appeal (england) to House of Lords

Legal Issues

  1. 1 Whether the conduct of a partner in joining and promoting a company that disparaged rival practitioners constitutes professional misconduct justifying dissolution of partnership under the contract

Ratio Decidendi

The appellant's sanctioning of advertisements that disparaged rival practitioners and made serious, unsubstantiated allegations amounted to professional misconduct under the partnership agreement, entitling the respondent to terminate the partnership.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.