LLP member disputes

LLP dispute resolution is at the core of my practice. I am recognised as one of the leading practitioners in this field.

LLP member disputes (also sometimes referred to as LLP disputes) often give rise to considerable stress and bitterness, and are best negotiated to a settlement if possible. But wherever necessary I have experience over many years, including very recently, of pursuing or defending claims in the appropriate court or other forum.

Whether you are looking to extract or retain the maximum possible value, or have other objectives, I can advise you on how best to proceed.

I advise and assist clients (either LLPs or individual members) who

  • are in dispute with one or several or all of their past or present co-members,
  • are uncertain as to what their rights and obligations may be,
  • would like to find out more before deciding what to do, and/or
  • may need to enforce their rights through court proceedings, arbitration or (in the case of discrimination, whistleblowing and certain other claims) the Employment Tribunal.

Some of the situations in which LLP member disputes (or issues, problems or questions) commonly arise, and on which I can assist you, are as follows:

  • Exiting from an LLP (retirement from/leaving an LLP)
  • Expulsion
  • Exclusion
  • Garden leave/suspension
  • Disputed LLP accounts
  • Bad faith
  • Breach of fiduciary duty
  • Secret profits
  • Fraud
  • Discrimination (age, sex, sexual orientation, race, nationality, religion/no religion)
  • Harassment and bullying
  • Breach of restrictive covenants

LLP disputes often boil down to a few key legal questions, the answers to which can have a radical effect on the outcome.  These fundamental legal issues are not always apparent to the parties.  They should be identified and considered as early as possible so that mistakes are avoided.

One cannot rely solely on the provisions of any LLP members agreement.  The Limited Liability Partnerships Act 2000 and the Limited Liability Partnerships Regulations 2001 impose additional rules on LLPs. There is also a rapidly expanding body of judge-made case law interpreting those enactments.  Sometimes LLP members are unaware of important issues, or do not fully understand them.

Other statutes and regulations create extensive further rights and obligations, and again there is an overlay of case law which adds both complexity and clarity.

It is important to gain an understanding at the very outset as to the relative strengths and weaknesses of your case or position, before any steps are taken. The importance of this cannot be over-emphasised.  A strategy can then be designed and implemented with a view to maximising the prospects of achieving a resolution at an early stage, at reasonable cost and on terms which achieve your desired objectives so far as possible.

LLP member disputes experience

I have experience of acting for clients in a wide variety of business sectors including professional practices (solicitors, accountants, surveyors, patent attorneys, doctors, dentists), private equity, corporate finance, investment advice, investment management, property investment/development, music industry, leisure, farming, retail, care homes, the building trades and many others.

You can find out more about my LLP dispute work here.

If you would like a confidential, no obligation discussion to explore how I can assist you, please contact me.

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