Matthew Halstead Cobden v Daniel Halstead Cobden
| Judge | Hhj Russen Kc |
| Neutral Citation | [2024] EWHC 1581 (Ch) |
| Year | 2024 |
| Court | Chancery Division |
| Counsel | Stephen Jourdan Kc,Ciara Fairley,Smith,James Pearce Smith |
| Date | 01 July 2024 |
Neutral Citation Number: [2024] EWHC 1581 (Ch)
Case No: BL-2022-BRS-000027
IN THE HIGH COURT OF JUSTICE
BUSINESS & PROPERTY COURTS IN BRISTOL
PROPERTY, TRUSTS & PROBATE LIST (ChD)
2 Redcliff Street
Bristol BS1 6GR
Date: Monday 1 st
July 2024
Before:
HHJ RUSSEN KC
(Sitting as a Judge of the High Court)
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Between :
MATTHEW HALSTEAD COBDEN Claimant
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DANIEL HALSTEAD COBDEN Defendant
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Stephen Jourdan KC and Ciara Fairley (instructed by Ebery Williams ) for the Claimant
James Pearce-Smith (instructed by Stephens Scown LLP) for the Defendant
Hearing dates: 13th to 17th May 2024
Supplemental written submissions dated 10 June (Claimant) 13 June (Defendant)
and 17 June 2024 (Claimant)
Draft judgment circulated to the parties on 20 June 2024
Approved Judgment
This judgment was handed down remotely at 10.00am on 1 July 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives.
HHJ RUSSEN KC
Approved Judgment
Cobden v Cobden
HHJ Russen KC:
INDEX PARAGRAPHS
A. Introduction
Subject matter of the judgment 1 – 2
The pleaded cases 3- 19
B. Factual background 20-72
C. The Rival Cases
Matthew 73 - 82
Daniel 83 - 91
Observations 92 - 108
D. Issues for trial 109 - 111
E. Legal Principles
Syers orders
Basis of the jurisdiction 112 – 124
Other first instance decisions 125 - 157
Bahia v Sidhu (Court of Appeal) 158 - 186
Conclusions on the Syers jurisdiction 187 - 191
Proprietary estoppel 192 - 205
F. The Evidence
Observations 206 – 212
Claimant’s
Matthew Cobden 213 – 231
Hayley Cobden 232 – 236
Mike Bray 237 – 249
Paul Blundell 250 – 254
HHJ RUSSEN KC
Approved Judgment
Cobden v Cobden
Defendant’s
Daniel Cobden 255 – 279
Georgina Parris 280 – 289
Michael Butler 290 – 303
Peter Parris 304 - 311
William Cobden 312 – 316
Other witnesses 317 -318
Valuation Evidence
Michael Townsend 320 -335
Sally Mitchell/Tom Mellor 336 - 338
G. Conclusions
Conclusions on the facts
The rival claims 340 - 356
Valuation evidence 357 – 382
Conclusion on the exercise of discretion 383 - 417
H. Disposal 418 – 420
Annex: Form of Syers Order
A. INTRODUCTION
The subject matter of this judgment
1. This is my judgment following a trial in a partnership dispute. It addresses the
evidence and submissions made at the trial and the supplemental submissions made
[2024] EWCA Civ 605, which was handed down on 3 June 2024 and therefore after
the conclusion of the trial.
2. The judgment concerns the question as to what should happen to the equal shares of
the two partners in a partnership which has been dissolved. Specifically, the issue to
be determined is whether or not the court should make a Syers order (see Syers v
Syers (1876) 1 App Cas 174 addressed in paragraphs 112 to 116 below) in place of a
full winding-up of the Partnership which would see its assets sold on the open market
(each partner being free to bid for them) and, if so, which partner should be permitted
to buy out the other under the terms of that order.
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