…Disclosure is necessary for the fair disposal of the claim to save costs… In Destiny Investments (1993) Ltd v TH Holdings Ltd shareholders in a joint venture company have been granted an order requiring auditors to disclose documents to enable a valuation to be carried out. The joint venture company was formed for the purpose…
From 6 April 2016 every LLP registered in England and Wales must keep a Register of People with Significant Control (PSC). Failure to do so or to comply with the other requirements of the regulations will be a criminal offence. The significant control information will have to be filed at Companies House annually, and the…
It has become increasingly common for professional practices to find themselves in the position of having to recover substantial debts owed to the business by their partners or members. Scenarios that sometimes arise are:
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.
On an appeal in the case of Dhillon v Sandhu (2014 WL 5411909) His Honour Judge Hodge QC (sitting as a High Court Judge) has affirmed the application of sanctions imposed by an unless order made by Chief Master Marsh in the course of the taking of a partnership account. The judgment gives guidance as…
There are many circumstances in which an LLP member can end up with personal liability for either individual liabilities of the LLP or a share of the LLP’s losses over a particular period. This article examines just a couple of related examples as to how LLP members can end up bearing very substantial LLP losses….
…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…
… 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 section 230(3) of the Employment Rights…
“… The trial judge was entitled to order separate accounts for diversion of profits and for dissolution …” The Court of Appeal yesterday confirmed an award of an interim payment against a partner prior to the taking of a dissolution account. In Mukerjee v Sen (unreported at first instance so far as I am aware)…
… The Judge considered whether it could argued that in all of the circumstances there was an implied contract between the members of the LLP and the insurers … In Zeckler v Assigned Risk Pool Manager Capita Commercial Services Ltd (reported on Westlaw) the High Court has allowed an appeal by a solicitor from an…
