Tiffin brings more certainty as to who is and who is not a partner
"... In these difficult times, in which many professional practices are facing potential or actual insolvency, it is important for "partners" to know what liabilities they face ..." Last week’s Court of Appeal judgment in the case of Tiffin v Lester Aldridge LLP...
A final resolution of professional practice age discrimination issues?
"... Most UK professional practices operate a system of inherently discriminatory compulsory retirement of partners at a fixed age, regardless of ability or performance, on the assumption that this is legally justified ..." The case of Seldon v Clarkson Wright &...
Partnership dissolution – building (incomplete) bridges
"... The classic example that is often given is where a firm has contracted to build a bridge, and dissolution occurs when only half of the bridge has been built ..." The recent case of Boghani v Nathoo [2011] EWHC 2101 (Ch) (judgment 2 August 2011) is a useful modern...
LLP + no LLP members’ agreement = litigation
The recent case of Eaton v Caulfield & others (an unfair prejudice petition brought under section 994 of the Companies Act 2006, coupled with a just and equitable winding up petition under section 122(1)(g) of the Insolvency Act 1986) highlights the difficulties...
PLAWBites – Partnership Dissolution FAQs
The first in a new series of bite-sized FAQs on aspects of partnership and LLP law Partnership dissolution FAQs: What is dissolution? In the partnership context, “dissolution” describes both an event and a process : The event is a dissolution notice or court order...
Breach of duty of confidentiality via SAR audit
"... while nobody sympathises with a money-launderer or other criminal, not only is there the possibility of a damages claim from a client, but also regulatory sanctions in addition ..." Solicitors could inadvertently breach their obligations to certain clients by...
Pursuing harassment instead of discrimination
... most conduct that would have been sufficient to justify a discrimination or sexual harassment claim may well be oppressive and unacceptable and cause anxiety, alarm or distress ... It is quite a common occurrence these days to find at the first meeting with a...
Insurance renewal-induced cessation
"... If someone is completing on Friday it does not help them if their solicitor ceases to practise on Thursday ..." Some legal practices are only now, with one week to go, receiving premium quotes for their 1 October 2010 professional indemnity insurance renewal. It...
Escaping liability in professional partnership insolvencies
... It is possible inadvertently to throw away these defences in the course of the process leading up to administration, a PVA and/or IVAs ... This article describes the run-up to a professional partnership insolvency, and the choices faced by the partners who control...
Settling partnership disputes through mediation
"... after a few hours of tight-lipped civility, one or other of the parties ... cannot stop himself telling the other party what he really thinks ..." There are a number of factors which distinguish partnership disputes from other types of commercial dispute. In...
LLP Exits ebook
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Partnership Exits ebook
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Legal Practice Exits ebook
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