by Peter Garry | 19 Mar 2016
From 6 April 2016 every LLP registered in England and Wales must keep a Register of People with Significant Control (PSC). Failure to do so or to comply with the other requirements of the regulations will be a criminal offence. The significant control information...
by Peter Garry | 24 Nov 2014
LLP members might be entitled to protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE). This consideration is at least in part prompted by the outcome of the recent Bates van Winkelhof case in the Supreme Court....
by Peter Garry | 31 Oct 2014
On an appeal in the case of Dhillon v Sandhu (2014 WL 5411909) His Honour Judge Hodge QC (sitting as a High Court Judge) has affirmed the application of sanctions imposed by an unless order made by Chief Master Marsh in the course of the taking of a partnership...
by Peter Garry | 20 Oct 2014
There are many circumstances in which an LLP member can end up with personal liability for either individual liabilities of the LLP or a share of the LLP’s losses over a particular period. This article examines just a couple of related examples as to how LLP members...
by Peter Garry | 10 Jul 2014
…an historic rock and roll theme… In the case of Achom v Lalic [2014] the claimants (for whom I acted) had reached an understanding with the defendants whereby the defendants would acquire night club premises in Mayfair and the parties would together...
by Peter Garry | 30 May 2014
… most LLP members are entitled to a number of rights and protections … The Supreme Court has handed down judgment in favour of Ms van Winkelhof in the case of Clyde & Co LLP v Bates van Winkelhof, finding that she was a “worker” within the meaning of...
by Peter Garry | 11 Oct 2012
… The Judge considered whether it could argued that in all of the circumstances there was an implied contract between the members of the LLP and the insurers … In Zeckler v Assigned Risk Pool Manager Capita Commercial Services Ltd (reported on Westlaw) the...
by Peter Garry | 30 Sep 2012
“… such a member cannot bring a whistleblowing claim (and would also be deprived of part-timer and equal pay remedies) …” In a previous post I commented on the case of Bates van Winkelhof v Clyde & Co in which the Employment Appeal Tribunal...
by Peter Garry | 18 May 2012
“… any partner or member who agrees to devote their full time and attention to the practice may well be a “worker” …” The case of Bates van Winkelhof v Clyde & Co in the Employment Appeal Tribunal (“EAT”) has made...
by Peter Garry | 26 Apr 2012
“… if the answer to any of these questions is, “No,” there may be a problem …” Following the Supreme Court judgment in Seldon, how do professional practices quickly determine whether or not they should be taking advice on their...