by Peter Garry | 23 Apr 2018
Summary Losses resulting from expulsion following whistleblowing can be very substantial, and there is no statutory limit on the amount of compensation that can be awarded. But in some cases the expulsion of the whistleblower may: be based (at least on the face of the...
by Peter Garry | 23 Oct 2017
Introduction An LLP member or company shareholder: who is in the minority and thus outvoted, and whose co-proprietors have misused or misappropriated business assets (including the misdirection of corporate opportunities), may in some circumstances be able to pursue a...
by Peter Garry | 3 Apr 2017
(This article was first published on the Kluwer Mediation Blog on 7 March 2017) “Whilst I am grateful to counsel and solicitors for their presentation and assistance in this matter, the legal battles raging between these two brothers are unedifying, unpleasant...
by Peter Garry | 13 Feb 2017
The case of Campbell v Campbell [2017] serves as a prime example of the need for business partners trading through any type of business vehicle to record the precise terms of their business relationship with one another at the outset. It is also a good illustration...
by Peter Garry | 18 Jan 2017
I previously reported on the case of Moore v Moore (2016), in which the court ordered, based on proprietary estoppel, that a farmer’s son was entitled to take over his father’s interest in the family farming partnership, despite the fact that the father...
by Peter Garry | 4 Jan 2017
In the case of Hosking v Marathon Asset Management LLP [2016] EWHC 2418 (Ch) the court had to answer the question, “Whether the share of profits of a partner of a partnership or a member of an LLP, paid out pursuant to and in accordance with a partnership or LLP...
by Peter Garry | 30 Dec 2016
“…the father and son fell out, and the father decided to disinherit his son…” A share in a partnership is easy to transfer. It can be transferred by signature of a very short document. It can even be transferred by oral agreement. The assets so...
by Peter Garry | 7 Dec 2016
In Re Newtons Coaches Ltd ([2016] EWHC 3068 (Ch), 29 November 2016) useful guidance has been given by Mr Registrar Jones in the Companies Court as to whether partners of an insolvent partnership may reuse its name in a subsequent business. Being involved in management...
by Peter Garry | 28 Nov 2016
“This risks being a cutting off nose to spite face moment” The Chancellor’s Autumn Statement on 23 November 2016 brought unwelcome news for anyone trading through a partnership or LLP, and especially for professional firms. Profit-sharing His statement to...
by Peter Garry | 1 Jun 2016
…Disclosure is necessary for the fair disposal of the claim to save costs… In Destiny Investments (1993) Ltd v TH Holdings Ltd shareholders in a joint venture company have been granted an order requiring auditors to disclose documents to enable a valuation...
