Disputes

restitutionary relief

Restitutionary relief for would-be joint venturers

…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 develop those premises into an exclusive night club with an historic rock and…

Tiffen - who is and is not a partner
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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 [2012] EWCA Civ 35 has brought more certainty to the frequently arising…

LLP + no LLP members’ agreement = litigation

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 faced by LLP members who do not have an LLP members’ agreement setting out their…

Pursuing harassment instead of discrimination
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Pursuing a harassment claim instead of a discrimination claim

… 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 client that he or she has a perfectly good discrimination claim…

Settling partnership disputes through mediation

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 consequence, different methods are sometimes required to achieve settlement. In this…

What happens after a partnership dissolution notice is served?

What happens after a partnership dissolution notice is served?

“… the income of the firm may well diminish and/or partners may not account fully or at all for accrued WIP …” Unless there is an express agreement between partners permitting retirement, no partner can retire from a partnership at will.  The only way to bring about termination of the relationship is for one or…