The WLR Daily case summaries
[2023] WLR(D) 286
Court of Appeal
Morton and another v Morton (Executor of the Estate of Jennifer Ruth Morton, decd)
[2023] EWCA Civ 700
Lewison, King, Nugee LJJ
2023 June 14; 20
Partnership— Dissolution— Option to purchase— Family partnership deed in respect of farm business and property— Mother dissolving partnership giving rise to defendant partners’ option to purchase her interest— Mother’s executor bringing claim for specific performance of defendants’ notice to exercise option— Judge determining proprietary estoppel raised by father’s assurances to first defendant— Judge granting equitable relief setting aside agreement to exercise option, extending period for service by defendants of new option notice under partnership deed and providing for construing of partnership deed subject to proviso increasing amounts credited or appropriated to defendants in respect of partnership freeholds consistent with father’s assurances— Whether defendants’ extended option rights deriving from agreement or function of judicial remedy based on proprietary estoppel and court order— Whether claimant entitled to interest on purchase price under extended option pursuant to statutory provision—
Partnership Act 1890 (53 & 54 Vict c 39), s 42(1), (2)