Administration of Partnership in UK Law

Leading Cases
  • Income Tax Commissioners for London (City) v Gibbs
    • House of Lords
    • 20 Feb 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.

  • Hurst v Bryk
    • House of Lords
    • 30 Mar 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.

  • 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.

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

    What is meant by transactions begun but unfinished when the partnership was dissolved? If the common law had been clearly settled before 1890, I would interpret this section in light of the earlier law. But it appears that there was then little authority on this matter. So this section should if possible be construed so as to reach a reasonable result.

  • Francesca Drake v Jack Harvey (Deceased)) and Others
    • Court of Appeal (Civil Division)
    • 20 Jul 2011

    It is possible that the farmland could be sold and leased back to the surviving partner but, unless the partnership deed enables or requires a fair value to be taken for the farmland, there is nothing to suggest that the partners intended the surviving partner to take the risk that in the event finance was not available at reasonable cost.

  • Hammonds (A Firm) v Jones
    • Chancery Division
    • 13 Feb 2009

    It is impossible to think that the draftsman of the provision had the situation which now arises in mind at all for, if he had done, he would surely have addressed it directly. The issue, in reality, is the meaning to be given to the words which the draftsman has used in circumstances which he has not expressly dealt with and where it is not, therefore, surprising that whatever approach is adopted, difficulties of construction arise.

  • Byford v Oliver and Another
    • Chancery Division
    • 25 Feb 2003

    The position is no different if the two bands contain common members. If, as here, they are partnerships at will which are dissolved when one or more partners leave, they are two separate legal entities. This is not affected by the fact that some, even a majority, of the partners in the first band become members of the second.

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Legislation
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... (b) (b) the company enters administration (within the meaning of Schedule B1 (see paragraph 1(2)(b) of that ... (j) (j) paragraph 15 (public-private partnership project companies), and . (k) (k) paragraph 18 (certain overseas ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... . . (b) the company has entered administration, or. . . (c) an administrative receiver of the company has been ... to one or more creditors of a company, individual or insolvent partnership in relation to which the person is acting or has acted as an insolvency ......
  • Immigration Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the ...(a) any part of the Scottish Administration;. (b) a Northern Ireland department;. (c) the Welsh Assembly Government;. ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (a) the administration of justice, . (b) the exercise of a function of either House of .... (4) The notice may be given to a partnership in Scotland— . (a) (a) by sending it by post to the principal office of ......
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Books & Journal Articles
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Law Firm Commentaries
  • 2013 Budget Changes Affecting LLPs And Partnerships
    • Mondaq United Kingdom
    ......If changes are found to be necessary, this will be the subject of a future Finance Bill. There are a number of areas around the administration of partnership tax issues and disputes that would benefit from improvement. Clarification on the tax transparency aspects of partnerships for a range ......
  • Curtain To Fall On Profit Manipulation? - Steps To Put A Stop To The Misuse Of Partnerships
    • Mondaq United Kingdom
    ......There are a number of areas around the administration of partnership tax issues and disputes that would benefit from improvement. In addition, clarification on the tax transparency aspects of ......
  • Professional Practices News: Summer 2013 - Causing A Bit Of A Stir; Change Afoot For Partnerships
    • Mondaq United Kingdom
    ......In extreme cases, this has led to the failure of some firms. For every high-profile failure, such as the administration of Cobbetts LLP earlier this year, there are numerous, less well-reported failures of smaller firms. There has also been a marked increase in ......
  • 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 UK’s domestic ......
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