Administration of Partnership in UK Law

Leading Cases
  • 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.

  • 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.

  • 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.

  • Byford v Oliver and Another
    • Chancery Division
    • 25 February 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
  • 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] . . B . e. it enacted by ... The dissolution of partnerships or the taking of partnership or other accounts; . The redemption or foreclosure of mortgages; . The ......
  • 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, ... . . (ii) regulates the purposes and administration of a body,. . (whether the body is incorporated or not and whether it is ......
  • Land and Buildings Transaction Tax (Scotland) Act 2013
    • Scotland
    • January 01, 2013
    ...... schedule 12 (relief for incorporation of limited liability partnership), . schedule 13 (charities relief), . schedule 14 (relief for certain .... (4) This paragraph applies whether or not the administration of the estate is complete or the property has been distributed in ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ...... to company voluntary arrangements under Part 1 of the Act, administration under Part 2 of the Act and winding up under Parts 4 and 5 of the Act ... or not incorporated in England and Wales) or limited liability partnership which has been the subject of insolvency proceedings; . (b) been made ......
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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 UK’s domestic ......
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Forms
  • Chapter DMBM655780
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... to appoint an administrator’ has been filed or a Company Administration Order (CAO) has been made (DMBM656170). a bankruptcy order has been ... you are seeking to enforce a partnership debt and you are told that the partnership has been wound up under the ......
  • Chapter PM132100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......General partner. An ordinary member of a general partnership within the meaning of the Partnership Act 1890 or a limited partnership ... has the right, to participate in the general management and administration of the firm. If you require further guidance on this issue please contact ......
  • Chapter SAM103090
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... . Partner. The office responsible for the SA partnership record. . . Property income.  . . . Interest ...SA record type trust is used for. Trusts. Periods of administration. Pension schemes. Responsibility for trusts with HMRC Trusts, . ......
  • Chapter DMBM530130
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Partner leaves partnership. Partner joining partnership. Recovery against the correct partners. ... death his estate is also severally liable in a due court of administration for such debts and obligations, so far as they remain unsatisfied, but ......
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