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Carlen v Drury (1812) 35 ER 61 is a UK partnership law case, which is often cited for a broader principle in UK company law that the court generally does not allow litigation by members where a procedure for redress is set out in the articles of association.
I have treated it as a partnership, and under the Partnership Act of course the application for a dissolution would take the form of an action; but this is not a partnership strictly, it is not a case in which it can be dissolved by action.
This was a case where the petitioner, one of three shareholders and directors, was excluded from participation in the management and from directors' remuneration. Plowman J. applying partnership principles made a winding up order under the just and equitable clause. If that decision was right it assists the present appellant.
Depending upon where the partnership was formed, English law, Scots law or Northern Irish law may apply in addition to statutes that create a framework across the UK. Under Scots law a partnership is a distinct legal entity and can borrow money from a bank in the name of the partnership, while English law only allows borrowing in the names of ...
A civil partnership is a relationship between two people, formed when they register as civil partners of each other, which ends only on death, dissolution or annulment. Part 2 of the Act relates to England and Wales, Part 3 to Scotland and Part 4 to Northern Ireland.
Park J held that the liquidators had failed to show a case of wrongful trading or misfeasance. The directors' action was appropriate given their available information and advice. They had made careful considerations at the crisis meeting.
Dissolution of a partnership is the first of two stages in the termination of a partnership. [1] "Winding up" is the second stage. [1] [2] Dissolution may also refer to the termination of a contract or other legal relationship; for example, a divorce is the dissolution of a marriage only if the husband or wife does not agree. If the husband and ...
There are, however, other cases which are irreconcileable with this indefinite right of election in the creditor, and which seem, on the contrary, to imply a recognition of the civil law principle of decision. Such are, in particular, the cases of Meggott v Mills (Ld. Raym. 287), and Dowe v Holdsworth (Peake, N. P. 64). The creditor, in each of ...