Sadler v Whiteman [1910] 1 KB 868
This case is authority for the fact that in the absence of any provision to the contrary in a partnership agreement, a partner has implied authority to commence proceedings in the name of the partnership as long as he provides any non-consenting partners with an indemnity for costs. Thus, in English law a partnership is not an entity separate and distinct from the partners that compose it and the firm cannot acquire rights nor can it incur obligations.
The rights and liabilities of a partnership are the collection of the individual rights and liabilities of each of the partners. The firm name is a mere expression, not a legal entity.
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