We are able to advise partners in traditional forms of partnership, and members of Limited Liability Partnerships (“LLP’s”) on all aspects relating to the resolution of disputes which might arise between them. These disputes can involve a variety of matters, including disciplinary issues, disagreements on strategic vision, the offer to a prospective partner or the terms of a partner’s retirement.
We advise a wide variety of professional partnerships from medical or dental practices to accountants, as well as famers and a range of other businesses who choose to act in partnership. We understand the benefits and pressures which a partnership may involve and can give tailored advice to suit the your business, its aims and the specific issues involved in the dispute.
Because of the nature of a partnership dispute, the issues in the dispute can often be very personal and commercially sensitive within the business. For that reason they tend to require a careful but robust approach to enable the partnership to continue operating “business as usual” whilst the dispute is addressed.
Ideally the partnership will be governed by a detailed partnership agreement which sets out the specific obligations placed on each partner. That is not always the case and if there is no partnership agreement or an inadequate one, the parties may be able to rely upon the Partnership Act 1890 and the common law to determine the full extent of the rules which govern it.
Disputes regularly arise upon retirement, variation terms, workload differences including separate business interests of a partner and dissolution of the partnership.
We can guide our clients through the pitfalls of partnership disputes and advise on the most appropriate steps to take to resolve the issues. We can advise on the full range of partnership claims, including:
- Actions for account of profits
- Expelling a partner
- Claim for damages for losses cause by breach of Partnership Agreement
- Breach of fiduciary duties
- Misconduct allegations