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Neal v Jones, Court of Appeal, 31 October 2002

6 November 2002
The issues

Partnership – loss of earnings – Ward -v- Newalls – Partnership

The facts

The Claimant suffered a serious road traffic accident. An issue arose as to the nature of his relationship with his “partner” in his motorcycle business. The question was whether or not there was a true partnership and, if so, whether the Claimant was entitled to his full loss of earnings or only that amount representing his share in the business.

The decision

1. Admitting fresh evidence the Court of Appeal found for the relevant period that there was a true partnership.

2. Following Kent -v- British Railways Board (where one member of a two person partnership was injured, the injured person could only claim for losses to the partnership to the extent of that person alone) past loss of earnings would be halved.

Comments

It is interesting to see Kent followed by a 3 man Court of Appeal particularly in the light of the comments in Kemp -v- Kemp (5 – 092 to the effect that Kent was a decision on its own facts and after Ward -v- Newalls would not be followed).

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