Comments on the Chancellor’s Autumn Statement 2016

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...
Are LLP members protected under the TUPE Regs?

Are LLP members protected under the TUPE Regs?

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....
Winkelhof revisited (in the Supreme Court)

Winkelhof revisited (in the Supreme Court)

… 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...

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...

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...

LLP membership trumps employment rights?

“… At the outset he has been lulled into a false sense of security, and may consider himself to be the victim of a scam …” Note: this post is now out of date following subsequent tax legislation and case law. Lawyers and accountants have been...

The 10 most important partnership or LLP deed clauses

…Recessions bring out the worst in people… A recession has a way of exposing weaknesses in legal drafting. As practices try to respond to the economic climate, management teams consult the fine print of their partnership deed or LLP members’ agreement, and...

Who is liable for an LLP legal practice run-off premium?

“… the number of insureds under a practice’s professional indemnity insurance can easily double every fifteen or so years …” (First published in the Law Society Gazette on 20 August 2009) Last year a letter dropped though the door of numerous...

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