John Frederick Bathurst (as Administrator of the estate of Michael David Bathurst deceased) v Philip Charles Scarborow (Record no. 117349)

MARC details
000 -LEADER
fixed length control field 02548cam a2200253 4500
001 - CONTROL NUMBER
control field ABS67868
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040513n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126196
245 ## - TITLE STATEMENT
Title John Frederick Bathurst (as Administrator of the estate of Michael David Bathurst deceased) v Philip Charles Scarborow
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWCA Civ 411, 1 April 2004. Appeal by defendant (S) against County Court decision that he was not entitled to become the beneficial owner of the whole of a partnership property on dissolution of the partnership. S had been in a partnership with his friend Michael David Bathurst (B). S and B had purchased a property using partnership funds as an investment with the intention of storing partnership stock there. The transfer document stated that they held the property on trust for themselves as joint tenants. After M's death a dispute arose as to whether the right of survivorship applied to the beneficial interests in the property. S insisted that the property had been purchased outside the partnership for tax reasons and that they had agreed to a right of survivorship in respect of the business as a whole including the property in question. The judge had concluded that there was no express agreement between S and B that they would purchase the property outside the partnership dismissing the claim to the right of survivorship."Held": that partnership property could be held by partners as joint tenants where there was clear evidence of their intention to vary the normal rule that property bought with partnership money was deemed to have been bought for the partnership. It was accepted that there was clear evidence that they had agreed to take the property as beneficial joint tenants. Appeal allowed. View judgment at www.bailii.org.
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Local note ABS
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Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BATHURST'S ADMINISTRATOR V SCARBOROW
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PARTNERSHIP LAW
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BENEFICIAL OWNERS
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Topical term or geographic name entry element JOINT TENANTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-CASE LAW
856 ## - ELECTRONIC LOCATION AND ACCESS
Host name http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/411.html&query=bATHURST&method=all
Public note View judgment on the BAILII website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Host name http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/411.html&query=bATHURST&method=all
Public note View judgment on the BAILII website...
856 ## - ELECTRONIC LOCATION AND ACCESS
Host name http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/411.html&query=bATHURST&method=all
Public note View judgment on the BAILII website...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 13/05/2004   ABS67868 126196-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 13/05/2004   ONLINE 126196-2001 06/08/2019 1 06/08/2019 Law report