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Partnership

22 February 2013
Issue: 7549 / Categories: Case law , Law digest , In Court
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UCB Home Loans Corporation Ltd v Soni and another [2013] EWCA Civ 62, [2013] All ER (D) 133 (Feb)

For the purposes of establishing whether a partner knowingly suffered a representation to be made for the purposes of s 14(1) of the Partnership Act 1890, the representation had to be that the apparent partner was a partner in a firm, and the party alleging the partnership had to give credit to that firm on the faith of that representation. It followed that the representation and the reliance had to match one another. Since the alleging party intended to deal with a particular firm, the representation had to be that the apparent partner was a partner of that firm. Further, knowingly suffering a representation to be made required that the apparent partner knew of the making of the representation and, being able to prevent it being made or to correct it, had not done so.

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