14 February 2014
Golstein v Bishop [2014] EWCA Civ 10, [2014] All ER (D) 53 (Feb)
Section 35(d) of the Partnership Act 1890 established, in plain language, a straightforward and unambiguous threshold test for the exercise of the court’s discretionary power to dissolve a partnership. The threshold was not expressed to depend upon repudiation. Nor, where the language of the test fit the facts, was it expressed to be undermined by what, in purely contractual terms, might amount to affirmation.
