Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court
Supreme Court, 12th February 2014
Supreme Court, 12th February 2014
“English common law recognised multiple derivative actions before the coming into force of the Companies Act 2006 and they had survived the coming into force of that Act.”
WLR Daily, 26th February 2013
Source: www.iclr.co.uk
“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 southern England law firm Lester Aldridge (LA), applies only when fixed-share partners enjoy some of the ‘obligations and responsibilities’ of full equity partnership.”
Law Society’s Gazette, 9th February 2012
Source: www.lawgazette.co.uk
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 partnership had been carried on by two or more of its members as partners and upon that assumption, required an inquiry as to whether or not the person whose status was in question would have been one of the partners. If the answer to that inquiry was that he would have been a partner then he could not have been an employee of the partnership; if the answer was that he would not have been a partner there would have to be further inquiry as to whether his relationship would have been that of an employee. It was implicit that the primary source material for the purpose of answering those questions would be the members’ agreement although that would not necessarily represent the totality of what might be looked at.”
WLR Daily, 1st February 2012
Source: www.iclr.co.uk
“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.”
Legal Week, 2nd February 2012
Source: www.legalweek.com