Valid partnership requires business action

The Court of Appeal gave judgment recently in Ilott v Williams & Ors, unanimously upholding the trial judge’s decision that no partnership existed between four individuals. The court declared that for a valid partnership to exist, it required more than simply a decision to set up a business.

A partnership is defined under section 1 of the Partnership Act 1890 (the 1890 Act) as ‘the relation which subsists between persons carrying on a business in common with a view of profit’.

In this case, Ilott and three individuals collaborated on a new business concept which dealt with asset management. The four decided that outside expertise was required, therefore a deal with a partner at BlueCrest, a limited partnership, was struck by which the four individuals would become partners in BlueCrest and share with it the profits in the new venture…

If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.

Briefings from Walker Morris

  • Luxury fashion items and trademark infringement

    Intellectual property disputes involving retailers and fashion are all too common; another one to have troubled the courts in recent months is Thomas Pink v Victoria’s Secret UK.

  • Cookies as registered Community designs

    In Biscuits Poult SAS v OHIM, the applicant for invalidity challenged the registration on the basis that the design in question was not new and lacked individual character. 

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.00
No. of Lawyers: 181