Administration of Partnership in UK Law

Leading Cases
  • Hurst v Bryk
    • House of Lords
    • 30 March 2000

    This is because, while partnership is a consensual arrangement based on agreement, it is more than a simple contract (to use the expression of Dixon J. in McDonald v. Dennys Lascelles Ltd); it is a continuing personal as well as commercial relationship.

    The basic principles of partnership law are set out in the Partnership Act 1890 ("the Act"), which was drafted by Sir Frederick Pollock and is still in force today. It codified (though not exhaustively) the law of partnership and reflected the pre-existing principles of equity which had been developed by the Court of Chancery. These did not include the contractual doctrine of repudiation.

  • Income Tax Commissioners for London (City) v Gibbs
    • House of Lords
    • 20 February 1942

    The important thing to ascertain is the meaning of the word "person" in the vocabulary of the Income Tax Acts. The word constantly occurs throughout the Acts, and I think that it is most generally used to denote what may be termed an entity of assessment, i.e., the possessor or recipient of an income which the Acts require to be separately assessed for tax purposes.

  • Inland Revenue v Graham's Trustees
    • House of Lords
    • 08 December 1970

    But that would deprive this provision of all content, for it is clear that surviving partners have no right to bind the assets of the dissolved firm by making new bargains or contracts. In my view this must mean that the surviving partners have the right and duty to complete all unfinished operations necessary to fulfil contracts of the firm which were still in force when the firm was dissolved.

    But their rights under section 38 are limited by the provision that they may only do so so far as it may be necessary to wind up the affairs of the partnership and, this is the important passage, to complete transactions begun but unfinished at the time of the dissolution, and this is equally true of course of contracts in English law but, as I have said, it is less likely to be necessary to invoke that section.

  • White v Minnis and Another
    • Court of Appeal (Civil Division)
    • 05 May 2000

    The account on the basis of which the deceased partner's share in the capital of the partnership is to be ascertained, in the present case, is a pre-event account. So, in the present case, the usage or course of dealing in relation to the General Accounts which were prepared year by year does provide a relevant context in which to determine the question "what did the partners intend the expression 'a just valuation' to mean in relation to the Brantwood Road property.

  • Hurst v Bryk
    • Court of Appeal (Civil Division)
    • 04 February 1997

    Mr Leeming has not satisfied me that the judge's exercise of discretion can be impugned. On the contrary, it seems to me that in the unusual circumstances of this case to refuse to order an account was entirely justified. It is of some significance that all the other Malkin Janners partners who did not join Malkins in some capacity were in the same position as Mr Hurst, but have raised no complaint about the terms on which Malkins received partnership assets.

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  • Supreme Court of Judicature (Consolidation) Act 1925
    • UK Non-devolved
    • January 01, 1925
    ... ... to the Supreme Court of Judicature in England and the administration of justice therein ... [31st July 1925] ... it enacted by the King's ... The dissolution of partnerships or the taking of partnership or other accounts; ... The redemption or foreclosure of mortgages; ... ...
  • National Insurance Contributions Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... (meaning of “company”) and includes a limited liability partnership;(c) “qualifying liabilities” means any liabilities to pay secondary ... (5) In section 110ZA of the Social Security Administration Act 1992 (powers to call for documents etc) , in subsection (2) (a) , ... ...
  • Marriage (Same Sex Couples) Act 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, ... —(i) establishes a body, or(ii) regulates the purposes and administration of a body,(whether the body is incorporated or not and whether it is ... ...
  • National Security and Investment Act 2021
    • UK Non-devolved
    • January 01, 2021
    ... ... not an individual, and includes a company, a limited liability partnership, any other body corporate, a partnership, an unincorporated association ... (1) includes, in particular—(a) investigation costs,(b) administration costs,(c) costs of obtaining expert advice (including legal advice) ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • 2013 Budget Changes Affecting LLPs And Partnerships
    • Mondaq United Kingdom
    ... ... Review on simplification of partnership taxation. Changes to the close company loan to participator ... There are a number of areas around the administration of partnership tax issues and disputes that would benefit from ... ...
  • Curtain To Fall On Profit Manipulation? - Steps To Put A Stop To The Misuse Of Partnerships
    • Mondaq United Kingdom
    ... ... There has also been an increased use of partnership arrangements to allocate profits, losses or other assets to achieve ... There are a number of areas around the administration of partnership tax issues and disputes that would benefit from ... ...
  • Professional Practices News: Summer 2013 - Causing A Bit Of A Stir; Change Afoot For Partnerships
    • Mondaq United Kingdom
    ... ... For every high-profile failure, such as the administration of Cobbetts LLP earlier this year, there are numerous, less well-reported ... when coupled with unlimited liability (if a general partnership), should be a sufficient wake-up call to being more proactive in getting ... ...
  • UK’s Proposals for Future Customs Arrangements Post-Brexit
    • LexBlog United Kingdom
    In a “Future Partnership Paper” released on August 15, the UK presented two options for a customs regime upon its exit from the EU. A “streamlined customs arrangement” This option anticipates addit...
    ...In a Future Partnership Paper released on August 15, the UK presented two options for a customs ... It acknowledges that there will be increased administration and aspires for unilateral improvements to the UKs domestic regime in ... ...
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  • Application for alteration of maintenance agreement after the death of one of the parties, under s36 of the Matrimonial Causes Act 1973
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... paragraph 73 of Schedule 5 to ... the Civil Partnership Act 2004 ... To be completed by the court ... Name of court ... Name of ... funeral, testamentary and administration expenses, debts and liabilities (including inheritance tax and ... ...
  • Apply for power of attorney (intestate)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... married/civil partner ... divorced/civil partnership dissolved ... judicially separated ... spinster/bachelor ... What is the ... of Administration of the estate of the said deceased to be granted ... to them for my use ... ...
  • a guide for people acting without a solicitor (PA2)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application
    ... ... will, you’ll get ‘letters of administration’ ... You may not need probate if the person who died: ... • had ... You can apply if you were still married or in a civil partnership with the person when ... they died, even if you were separated from them ... ...
  • Form N244
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... relevant documents such as grant of probate, letters of administration, birth, marriage, ... death or share certificates ... Your evidence must ... civil partnership certificate [ ] decree nisi certificate [ ] ... [ ] other (please give ... ...
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