Morton v Morton

Subject Matter

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

[2023] EWCA Civ 700; [2024] Ch 41; [2023] 3 WLR 907; [2024] 1 BCLC 436; [2023] WLR(D) 286, CA

Appellate History