Court of Appeal rules fixed share partners are not employees – Legal Week
“The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) ruling that fixed share partners are not employees and, as such, are not eligible to claim for unfair dismissal.” Full story Legal...
View ArticleTiffin v Lester Aldridge LLP – WLR Daily
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35; [2012] WLR (D) 19 “Section 4(4) of the Limited Liability Partnerships Act 2000 required an assumption that the business of the limited liability...
View ArticleLandmark judgment on fixed-share partner rights – Law Society’s Gazette
“Fixed-share partners of law firms are not employees and cannot claim employment rights before a tribunal, the Court of Appeal has ruled. However the ruling, in a case brought by Martin Tiffin against...
View ArticleUniversal Project Management Services Ltd v Fort Gilkicker Ltd and others –...
Universal Project Management Services Ltd v Fort Gilkicker Ltd and others [2013] EWHC 348 (Ch); [2013] WLR (D) 82 “English common law recognised multiple derivative actions before the coming into force...
View ArticleCramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others...
Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube) Supreme Court, 12th February 2014 Source: www.youtube.com/user/UKSupremeCourt
View ArticleCramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily
Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64 ‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations...
View ArticleWhat are the Wider Implications of the Impending Tax Changes of Members of an...
‘The impending tax changes for the taxation of the members of LLP have been generating significant concerns, not only for our LLP clients but also Law firms themselves. The prospect of firms having a...
View ArticleHigh Court untangles claim and counterclaim over law firm sale – Legal Futures
‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action...
View ArticleUK Supreme Court decision “opens door” for certain employment-related claims...
‘Professional services firms that operate as limited liability partnerships (LLPs) could be open to certain employment-related claims from aggrieved former members of the LLP following a recent UK...
View ArticleClyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) –...
Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube) Supreme Court, 21st May 2014 Source: www.youtube.com/user/UKSupremeCourt
View ArticleBates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) –...
Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) [2014] UKSC 32; [2014] WLR (D) 222 ‘An equity member of a limited liability partnership was a “worker” within the meaning...
View ArticleFlanagan v Liontrust Investment Partners LLP and others – WLR Daily
Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171 (Ch); [2015] WLR (D) 338 ‘The doctrine of repudiatory breach was excluded from multi-party agreements falling within the scope...
View ArticleWilliams v Law Society of England and Wales – WLR Daily
Williams v Law Society of England and Wales [2015] EWHC 2302 (Ch); [2015] WLR (D) 360 ‘Where an intervention took place into a solicitor’s practice and a resolution was made under paragraph 6 of...
View ArticleDoes a Repudiatory Breach Discharge an LLP Member’s Agreement? – Littleton...
‘The recent Judgment of Mr. Justice Henderson in Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171, 24th July 2015, has addressed the vexed question of whether the Common Law...
View ArticleEAD Solicitors and Ors v Abrams: Equality for all “Persons?” – Cloisters
‘Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 .’ Full story Cloisters, 29th September 2015 Source:...
View ArticleCA adds extra negligence finding and £375k damages on top of High Court’s...
‘The Court of Appeal has made an additional finding of negligence against leading London law firm Withers over its drafting of an LLP agreement and increased the £1.6m in damages awarded in the High...
View ArticleCourt of Appeal highlights ‘real prospect of success’ of accelerated payment...
‘Investors in the Ingenious Media film partnership schemes have been granted the right to appeal the High Court’s dismissal of their challenge to HM Revenue and Customs (HMRC), which had required...
View ArticleWellesley v Withers: A significant change in the analysis of remoteness of...
‘In Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 the Court of Appeal made an important change to the law of causation. From now onwards, the contractual approach causation shall apply...
View ArticleReport: ABSs punch well above their weight – Legal Futures
‘Alternative business structures (ABS) make up just 4% of all solicitors’ firms but contributed 11% of the profession’s turnover, research has revealed.’ Full story Legal Futures, 27th April 2016...
View ArticleWho Knows Where the Time Goes? The Recent Decision on Limitation and...
‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’ Full...
View ArticleHigh Court hears judicial review challenge over £2bn development vehicle –...
‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest...
View ArticleHigh Court clarifies ability of local authorities to enter into limited...
‘A local authority acted within its powers when it set up a limited liability partnership (LLP) to deliver a new housing and community scheme, the High Court has ruled.’ Full StoryOUT-LAW.com, 9th...
View ArticleSupreme Court urges rule committee to clarify status of law firm LLP acting...
‘The rule committee should look at clarifying whether a law firm LLP which acts for itself in legal proceedings is a litigant in person for the purposes of the CPR, the Supreme Court has said.’ Full...
View ArticleDerivative actions involving LLPs: common law test for permission trumps...
On 21 April 2020, Zacaroli J allowed an appeal brought against the decision of HHJ Saunders in Homes of England v Nick Sellman (Holdings) Limited. The case concerned Bromham Road Development LLP (BRD),...
View ArticleCourt of Appeal: film partnerships were trading with a view to profit –...
‘Two film partnerships were carrying on a trade with a view to profit, meaning that loss relief was available to individual investors, the Court of Appeal has decided, restoring a decision of the...
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