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08 November 2017
Issue: 7769 / Categories: Case law , Law digest , In Court
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Partnership—Dissolution

Shah v Shah [2017] EWHC 2693 (Ch), [2017] All ER (D) 33 (Nov)

The Chancery Division made various orders concerning the final dissolution of a business, which had been carried out by four brothers as a partnership. Among other things, the court held that that, on the evidence, not all of the claims for an account had been established, but that two of the brothers, the first and second Pt 20 defendants, were jointly and severally liable to account to their brother, the Pt 20 claimant, in respect of a flat in Bombay, which had been included in an agreement between the parties, as an asset of the partnership, but which had been sold without reference to the Pt 20 claimant. Further, the court held that a bungalow in Bangalore, also mentioned in the agreement, had to be brought into account and that the first and second Pt 20 defendants were entitled to look to the Pt 20 claimant for one third of its value.

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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