The issue in the Ham v Bell and Ors [2016] EWHC 1791(Ch) case concerned a partnership between husband and wife, and their son, and centred on whether the land being farmed was an asset of the partnership.

There was a written partnership agreement but it did not specifically deal with the question of whether the land being farmed was a partnership asset.

It was ‘quiet’ on the subject of land ownership.

The son argued that the land was an asset of the partnership because it was shown as such in the accounts for the first few years of the partnership, which had not been signed by the partners.