March 20, 2025
Edward Crossley acted for the successful claimants in Titanium Capital Investments Limited & Ors v Jonathan Hughes & Ors [2025] EWHC 682 (Ch) in a judgment handed down today, led by Alan Gourgey KC.
The case concerns a partnership founded in the teeth of the pandemic to sell Covid tests for profit. A dispute arose because the Defendants dissolved the partnership and, days later, founded an (ostensibly) new business also selling Covid tests. The Defendants claimed this “new” business was nothing to do with the former partnership at all. Unsurprisingly, Mr Justice Richards disagreed. He found that the Defendants must account for profits made by their subsequent business – including for an extremely lucrative contract to sell Covid tests to the Danish government.
There will be a second trial to determine quantum.
Of ongoing interest to practitioners will be the Judge’s legal analysis over a former partner’s liability to account for profits made post-dissolution, including as arises from the Partnership Act 1890, s.29.
Read the judgment.
