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Lie v Mohile [2013] EWCA Civ 1436

Dr Lie and Dr Mohile are two doctors providing medical services under the Personal Medical Services Contract Agreement with the NHS England. Clause 2 (i) of their Partnership Agreement provides that the partnership shall subsist for the joint lives of the partners.

Dr Mohile is the landlord of the surgery premises and it is a condition of the PMS Agreement that services shall be provided from the premises. Dr Mohile served a notice of dissolution on Dr Lie in addition to a section 25 notice, terminating the tenancy or licence under which the partnership occupied the surgery premises. He also objected to the grant of a new tenancy under section 30 (g) of the Landlord and Tenant Act 1954.

Dr Lie applied for a new tenancy to be granted to the Partnership pursuant to section 26 of the Landlord and Tenants Act. The Judge at first instance held that a business tenancy exists, but the tenancy is held by the Partnership. The Judge then went to hold that as the partnership had been dissolved by the notice served by Dr Mohile pursuant to section 26 of the Partnership Act 1890, the application for a new tenancy must fail. Dr Lie appealed on the ground that the Notice served by Dr Mohile is not effective to dissolve the Partnership as the Partnership is not a Partnership at will and cannot be dissolved on the notice of either partners.

The Court of Appeal agreed and allowed the appeal. It held that the Partnership is not a Partnership at will and cannot be dissolved by the notice of either partners. Moss v Elphick [1910] 1 K.B. 846 applied.  

Our Oluwaseyi Ojo (Solicitor Advocate) appeared for Dr Lie both at the County Court and Court of Appeal. He discussed the issues in this appeal and the application of section 82 of the Law of property Act in an article which is available in the publication page.

Further information on this case can be found in PDF format.

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