The Partnership Act 1890 (PA 1890) is silent on this point and we have been unable to find case law on this specific point. Rights of access to partnership books and papers During the life of a partnership, the general rule is that all partners shall have the right to access the books and papers of the partnership, including the books of account. In practice, such books and papers are kept in a central location, and often within the possession of one partner. What happens on dissolution of a general partnership? In

The Agricultural Tenancies Act 1995 (ATA 1995) introduced Farm Business Tenancies in respect of tenancies of agricultural land or buildings for the purpose of a farm business. A tenancy granted on or after 1 September 1995 where at least part of the tenanted land is farmed throughout the life of the tenancy and either notices have been exchanged confirming that the landlord and the tenant intend it to remain a Farm Business Tenancy throughout, or if no notices were exchanged, the tenancy business is primarily agricultural. Tenancies agreed prior to 1

In England and Wales property can be held both as legal owners (in effect the person or persons (up to four) in whose name the property is in) and as beneficial owners (the true owners of the property). The legal owners hold the property on trust for the beneficial owners (who may be the same persons). In seeking to determine the beneficial ownership of a domestic residential property, the starting point is that the beneficial ownership will reflect the legal ownership (see, generally, Stack v Dowden and Jones v Kernott) and the onus is on the party

Full and detailed instructions, with supporting documentation, will need to be obtained from the client, as critical information that would impact upon the validity of the marriages, divorce and potential divorce is missing from the question. This Q&A addresses the position as to the recognition of overseas marriage and divorce in England and Wales after IP completion day, ie 11pm (GMT) on 31 December 2020. The first issue to be considered is whether the first marriage is recognised in England and Wales, as it is not indicated in the question whether or not it was celebrated

An undertaking may not be varied by a court, but the person making it may, on application, be released from its performance, often having offered an alternative, or on condition that a further undertaking is given (see Birch v Birch). In determining whether to exercise the discretion to release, where an undertaking could have been framed as a variable order (such as an order for sale under section 24A of the Matrimonial Causes Act 1973 (MCA 1973)), the court should apply the criteria of MCA 1973, s 31(7), which effectively requires an exercise balancing the competing interests of the parties. Such an exercise was carried out (though in a rather different case) by Cohen J in A v A (Financial Remedies:

This Q&A considers the principle and procedure of contribution or indemnity claims in respect of a joint and several debt arising from a costs order, which it is assumed is for a specified sum. The principle of contribution If a paying party finds themselves in the position of having paid more than a proportionate share, there is a right to seek a contribution from the other paying parties based on a longstanding equitable principle. In Wolmershausen v Gullick, Wright J set out a detailed history

Partnership Act 1890, s 33(1) Section 33(1) of the Partnership Act 1890 (PA 1890) provides that: ‘...subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner.’ If PA 1890, s 33(1) applies, the bankrupt’s interest in the dissolved partnership, and indeed in any other assets, vests in the trustee in bankruptcy. The partnership assets as such do not vest in the trustee in bankruptcy and the trustee does not have a direct interest in or claim to such assets. In practice, a trustee in bankruptcy will usually seek to agree a valuation and payment by the remaining partners. If negotiation fails and the remaining

It is usually the case in court proceedings that both parties will be present in court, however there is guidance in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A and FPR 2010, PD 3AA as to participation of vulnerable persons in proceedings and giving evidence. FPR 2010, SI 2010/2955, 3A.4 provides that the court must consider whether a party’s participation in proceedings is likely to be diminished by reason of vulnerability. If it considers that it is, the court will consider the views expressed by the party who is vulnerable and can potentially give participation directions. There are a number of circumstances the court must have regard to when deciding whether to

Once a party remarries, they are barred from making an application to the court for a financial provision order or property adjustment order (section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973)). This means that they can no longer seek an order for periodical payments, a lump sum order or an order in relation to a property. This is often referred to as the ‘remarriage trap’. It is worth noting

It is assumed for the purposes of this answer that the divorce proceedings were issued on or after 6 April 2022 and that the applicant, as well as not knowing the respondent’s whereabouts, does not have an e-mail address for the respondent, which would permit service in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.4, 6.7A and 6.8. The applicant must now embark upon a three-stage process in order to effect service of the application. First, if the applicant has reason to believe that the respondent no longer resides at their usual or last known postal address or no longer has access to their usual e-mail, the applicant must take reasonable steps to attempt to ascertain

The purpose of Part I of the Landlord and Tenant Act 1987 (LTA 1987) is to require the landlord of a block of flats who wishes to dispose of the freehold or some other interest in the block or its common parts, but not the grant of a lease of a single flat, the right of first refusal to the qualifying tenants within the block to collectively acquire that interest on the same terms proposed by the landlord. If the landlord wishes to make such a disposal (disposal includes entering into a contract to sell an interest) he is obliged to serve a notice under LTA 1987, s 5 on the qualifying tenants. A person in occupation of a flat under an assured shorthold tenancy or pursuant to a tenancy terminable on cessation of his employment will not be

We are not aware of the existence of any case law dealing with the disposal of applications connected with the charging of VAT on private school fees, which took effect on 1 January 2025 (see: GOV.UK—VAT on private schools: everything you need to know). The following information may be of assistance. The court has no power to impose a variation of a voluntary undertaking but can achieve a similar effect by the total or partial release of a party from an undertaking on the basis of that party offering a further undertaking in different terms. The test is whether or not a significant change in circumstances has occurred which make it just to permit the release (Birch v Birch). This course is not restricted to the very limited circumstances