“A derivative claim brought by limited partners in a partnership, in the partnership’s name, against the partnership’s manager was permitted where there were special circumstances to justify such a claim.”
WLR Daily, 16th November 2012
Source: www.iclr.co.uk
“A stamp duty land tax (SDLT) avoidance scheme which involved the interaction of the sub-sale and the partnership rules was effective, according to the Upper Tribunal.”
OUT-LAW.com, 8th November 2012
Source: www.out-law.com
“A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors could be justified as a means of achieving legitimate aims relating to recruitment and promotions within the firm.”
WLR Daily, 25th April 2012
Source: www.iclr.co.uk
“The home secretary is wrong,the decision not to deport an illegal immigrant had nothing to do with the pet cat.”
The Guardian, 4th October 2011
Source: www.guardian.co.uk
Related link: Theresa May’s twisted tale of a Bolivian’s cat
“A solicitor who was paid through a profit share rather than receiving a salary should not be classified as a partner for employment law purposes, the Employment Appeal Tribunal (EAT) has ruled.”
Law Society’s Gazette, 28th July 2011
Source: www.lawgazette.co.uk
Drake v Harvey and others [2011] EWCA Civ 838; [2011] WLR (D) 244
“There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.”
WLR Daily, 20th July 2011
Source: www.iclr.co.uk
Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235
“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”
WLR Daily, 18th July 2011
Source: www.iclr.co.uk
“The legal structure of a collective investment scheme was that of a partnership and the legal rights of the investors were determined by that legal structure and not by the economic purpose.”
WLR Daily, 14th July 2011
Source: www.iclr.co.uk
“At the hearing of a taxpayer’s appeal against a closure notice determining an inquiry into a limited liability partnership’s tax return, the revenue was not confined to relying on the precise reasons for the decision given by the investigating officer in his closure notice.”
WLR Daily, 11th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed
“The rewards can be big, but firms seeking to become public companies face significant hurdles.”
The Guardian, 5th May 2011
Source: www.guardian.co.uk
“An attempt to have fixed share partners legally defined as employees has failed at the Employment Appeal Tribunal.”
The Lawyer, 26th November 2010
Source: www.thelawyer.com
“Measures to improve the service that legal firms can give to consumers come into effect today.”
Ministry of Justice, 31st March 2009
Source: www.justice.gov.uk
Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89
“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”
WLR Daily, 11th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Although the interests and liabilities of a member of a limited liability partnership were different from those of a contributory to a limited company and those differences might lead to some changes in practice so far as petitions to wind them up were concerned, a person seeking to exercise a right to appear and be heard in court proceedings, whether as creditor or contributory, should at least claim to be a member of the class on whom that right was conferred.”
WLR Daily, 17th February 2009
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Once regarded as secure for life, partners in Britain’s leading law firms are now being presented with a stark choice: prove your worth or leave. Almost 2,000 of them could go.”
The Times, 6th January 2009
Source: www.timesonline.co.uk
“A leading UK law firm has paid its partners £12 million in profits ahead of schedule because it believes that the money will be safer in private rather than corporate bank accounts.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
“Partners at Britain’s ten biggest law firms took home an average of £1.1 million in profits last year.”
The Times, 19th November 2008
Source: www.timesonline.co.uk
Regina v W. Stevenson & Sons (a Partnership)
Court of Appeal (Criminal Division)
“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the partners’ personal assets on the basis of the partnership’s conviction.”
The Times, 5th March 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R v W Stevenson & Sons (A Partnership) [2008] EWCA Crim 273; WLR (D) 60
“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the personal assets of the partners on the basis of the partnership’s conviction.”
WLR Daily, 26th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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