A petition by a partnership firm may be presented in the firm name, provided that the partnership is carrying on business within the jurisdiction1; and a firm consisting of two or more persons may present a petition, even though one of them is under a disability2.
The fact that a partner has retired since judgment in the firm name was recovered against the debtor does not make it necessary that the court's permission should be obtained for a petition to be presented in the firm name3. If one of two partners who have filed a petition against a debtor becomes
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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