Re a Debtor (No 303 of 1997)

JurisdictionEngland & Wales
Judgment Date24 May 2000
Date24 May 2000
CourtChancery Division

CHANCERY DIVISION

Before Mr Justice Ferris

In re a Debtor (No 303 of 1997)

Partnership - former partner's claim for money allegedly due - could not set off against expenses incurred by ex-partners

Set-off not available

A former partner in a firm could not set off claims for money allegedly due to him on the taking of accounts on the dissolution of that partnership against the claim of certain ex-partners to be indemnified against expenses they had incurred in their capacity as trustees for the firm of the legal title to the lease of the former partnership's office.

Mr Justice Ferris so held in the Chancery Division on May 24, 2000 when dismissing the appeal of Robert Alfred Hurst from the dismissal by Mr Deputy Registrar Middleton on November 10, 1997 of his application to set aside the statutory demand served upon him by Margaret Heather Bennett, Michael David Simmons, Derek Bluston and Raymond Alexander Bryk, four of the...

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    • United Kingdom
    • Court of Session (Inner House)
    • 28 April 2020
    ...v Hertfordshire County Council [2000] IRLR 703; [2001] 1 FLR 280; [2001] 1 FCR 455; 3 LGLR 14; [2000] Fam Law 883; 97 (37) LSG 40; The Times, 3 October 2000 Hatton v Sutherland [2002] EWCA Civ 76; [2002] 2 All ER 1; [2002] ICR 613; [2002] IRLR 263; [2002] Emp LR 288; [2002] PIQR P21; 68 BML......
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  • Hurst v Bennett and Others ; Re a Debtor (No 303 of 1997)
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    • Court of Appeal (Civil Division)
    • 16 February 2001
    ...inter alia, when dismissing an appeal by Robert Alfred Hurst against an order of Mr Justice Ferris in the Chancery Division (The Times October 3, 2000). Mr Hurst had brought proceedings to set aside a statutory demand served on him by Margaret Heather Bennett, Michael David Simmons, Derek B......
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