Boyle v Burke & Cave [2020] 1 BCLC 524 – Partnership Dissolution
6th Oct 2021
This podcast explores the recent decision of Boyle v Burke
[2020] 1 BCLC 524 (in which Jeremy Callman appeared for the successful
Defendants) which tackled questions of what dissolution of an 1890 Act
partnership means and what brings about a dissolution. The Judge looked at the
differences between ‘general dissolution’ and ‘technical dissolution’, how the
word ‘dissolution’ is used in different ways and whether the transfer of a
substantial part of a partnership business triggers a dissolution. He also
explored the interaction between section 1 of the Partnership Act 1890
(defining partnership) on the one hand, and dissolution on the other hand. He
helpfully unpacked the distinctions to be drawn between how easy it is to form
a partnership, as compared to the hurdles that need to be jumped to persuade a
court that the partners have agreed to bring their partnership to an end. A
useful case in the area of dissolution, where there is little decided case law.
This podcast explains the facts of the case and the Judge’s decision.
