+44 (0) 20 7100 7766

The advantages of derivative claims over unfair prejudice petitions

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 claim against his co-proprietors on behalf of the LLP or company (even though the LLP or company is otherwise controlled by the misbehaving majority), in order to seize back the assets and/or to recover compensation for the LLP or company. Furthermore the LLP or company might well be ordered, at the outset of the claim, and throughout the conduct of the claim, to pay most of the member/shareholder’s legal costs incurred in bringing the claim.

read more

The evolution of the partnership and the predator partner

(This article was first published on the Kluwer Mediation Blog on 7 March 2017)

…the typical all-powerful and largely irreplaceable partner of yore has evolved to become a powerless, placeholder partner, keeping the chair warm for the next incumbent of his post. He is the counterpoint to, and the prey of, the predator partner.

This has radically altered how many partnership disputes, especially in the professions, tend to arise and are resolved.

read more

Comments on the Chancellor’s Autumn Statement 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 the effect,...

read more

Subscribe to updates

Please subscribe to receive my email bulletins

I would like to email you occasional business partnership law news and updates, including articles on:

- New case law

- New legislation and regulatory provisions

- Business partnership dispute law and practice

- Drafting of partnership and LLP agreements

To subscribe, please complete the form on the right and click the subscribe button.

Privacy policy

Terms of use

Thank you for subscribing

Pin It on Pinterest

Share This