“… such a member cannot bring a whistleblowing claim (and would also be deprived of part-timer and equal pay remedies) …” In a previous post I commented on the case of Bates van Winkelhof v Clyde & Co in which the Employment Appeal Tribunal found that an LLP member was a “worker” within the meaning…
“… any partner or member who agrees to devote their full time and attention to the practice may well be a “worker” …” The case of Bates van Winkelhof v Clyde & Co in the Employment Appeal Tribunal (“EAT”) has made new law, answering the question: can an equity member of an LLP be a…
“… if the answer to any of these questions is, “No,” there may be a problem …” Following the Supreme Court judgment in Seldon, how do professional practices quickly determine whether or not they should be taking advice on their current partner or LLP member retirement provisions, with a view to minimising the risk of…
“… 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…
“… 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 & Jakes is due to be heard by the Supreme Court on 17 January 2012…
“… 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 authority relating to the obligation…
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…
Partnership dissolution FAQs: What is dissolution? In the partnership context, “dissolution” describes both an event and a process : Continue Reading
“… 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 allowing their Solicitors Accounts Rules (SAR) auditors to view those clients’ files. Solicitors and other…
… 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…
