The Weekly Law Reports
[2023] 3 WLR 907
Court of Appeal
Morton and another v Morton
[2023] EWCA Civ 700
2023 June 13; 20
Lewison, King, Nugee LJJ
Partnership— Dissolution— Option to purchase— Farming partnership dissolved by outgoing partner— Continuing partners exercising option to purchase outgoing partner’s interest in partnership— Judge subsequently finding equity arising pursuant to principles of proprietary estoppel due to continuing partner’s reliance on assurances regarding partnership— Judge granting remedy by setting aside exercise of option, extending time for exercise of option and increasing continuing partner’s share under partnership— Whether outgoing partner’s estate entitled to interest on share of partnership— Whether extended option given “by the partnership contract”— Whether estate precluded from having right to interest—
Partnership Act 1890 (53 & 54 Vict c 39), s 42