Definitions of 'court' and 'business' PA 1890 s.45
PA 1890 s.45 defines 'court' as any court or judge with jurisdiction, and 'business' as any trade, occupation, or profession.
In this Act, unless the contrary intention appears,— The expression “ court ” includes every court and judge having jurisdiction in the case: The expression “ business ” includes every trade, occupation, or profession.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives two definitions that apply throughout the Partnership Act 1890 unless the context says otherwise.
'Court' covers every court and any judge who has jurisdiction over the case. This includes the High Court, county courts, and magistrates' courts, as well as individual judges when they hear a case.
'Business' covers every trade, occupation, or profession. Any activity that involves a trade, a regular occupation, or a profession counts as a business under this Act.
When it applies
- A county court judge hears a dispute about dissolving a partnership – that judge is a 'court' under this Act.
- Two solicitors in partnership argue over profits – their law practice is a 'business'.
- A baker and a confectioner form a partnership – the bakery trade is a 'business'.
- A single High Court judge in chambers makes an order about partnership property – that judge is a 'court'.
What this section does not say
- It does not define 'court' for any other Act – only for the Partnership Act 1890.
- It does not say what a 'firm' is – that is in section 4 of this Act.
- It does not define 'business' for tax or company law purposes – those have their own definitions.
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This page reproduces the text of PA 1890 s. 45 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.