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Association of Partnership Practitioners

Legal Updates & Cases

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  • LLP MEMBERS - Personal Liability for Negligence: Think of the Home Game as well as the Away Match

    Published 07/02/08

    Article written by John Whittaker and John Machell, Barristers, Serle Court (29th January 2008).  

    Description: In this case study John Whittaker and John Machell discuss personal liability for negligence both in the work place amongst your own employees as well as negligence that may impact clients and their organisations. They expose some common mistakes that can open you up to potential risks and explain how best to reduce your exposure to negligence.

    Members can download the Article by logging into the website.

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  • MR. P.J. BLOXHAM v FRESHFIELDS BRUCKHAUS DERINGER

    Published 25/11/07

    The Employment Tribunals - Judgment in the case of Mr. P.J. Bloxham and Freshfields Bruckhaus Deringer (11th October, 2007)

    Description: In this case study the claimant failed in his complaint of discrimination on the grounds of age. 

    Members can download the Judgment by logging into the website.  If the document does not "open" you should download the document using "save as" and then open.

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  • HAILES v HOOD[2007] EWHC 1616 (Ch) (25th April, 2007)

    Published 15/08/07

    Case concerning the construction of the settlement of an LLP dispute. The judgment includes useful general comment on the effect of the LLP default rules and s.459 in an LLP context.

    Members can download the Case by logging into the website.

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  • PRESCOTT v DUNWOODY SPORTS MARKETING [2007] EWCA Civ 461, Times 25 May 2007

    Published 15/08/07

    Case concerning enforceability of restrictive covenants post-incorporation of a partnership business.  

    Description: Following a conversion of a partnership to LLP status, held that the restrictive covenants under the old partnership deed could still be enforced against partners who retire from the partnership prior to conversion.  

    Members can download the Case by logging into the website.  If the document does not "open" you should download the document using "save as" and then open.

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  • ​​​​​​​PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS

    Published 13/07/07

    Partnerships and Limited Liability Partnerships: Repudiation and its Effects Compared - 

    Article written by John Whittaker, Barrister, Serle Court (July 2007).  

    Description: An article discussing and comparing the effects of repudiation on the two types of partnerships. 

     

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  • ​​​​​​​EXPULSION AND COMPULSORY RETIREMENT: The Nasty Side of Life

    Published 01/03/07

    Article prepared by Jeremy Callman, Barrister, 10 Old Square which appeared in Issue 19 of the APP Newsletter.

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  • MR JUSTICE LIGHTMAN - Re Rogers Deceased

    Published 06/04/06

    Judgment in an LLP test was handed down by Lightman J on 6th April 2006: Re Rogers Deceased [2006] EWHC 753 (Ch). The purpose of the test case was to determine whether members of an LLP (which had succeeded to a solicitors firm) could accept an appointment as executors in a will. The judge held that, on the terms of the particular appointment clause, profit sharing members of the LLP could accept the appointments. The judgment is also interesting in that it (implicitly) acknowledges that a person can be both a member of an LLP and employed by it. 

    Members can download the Judgment by logging into the website.

    (John Machell, Serle Court)

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  • HIRST V ETHERINGTON AND ANOTHER, THE TIMES, 21 JULY 1999 (COURT OF APPEAL)

    Published 04/10/04

    HIRST V ETHERINGTON AND ANOTHER, THE TIMES, 21 JULY 1999 (COURT OF APPEAL) DUBAI ALUMINIUM CO. LTD V SALAAM AND OTHERS, THE TIMES 21 APRIL 2000 (COURT OF APPEAL) LAWRENCE AND OTHERS V FARNDON AND OTHERS 23 JANUARY 1998, JUDGE RICH QC, CHANCERY DIVISION

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  • HURST -v- BRYK and ORS: THE END OF THE ROAD

    Published 04/10/04

    As one of the "Others" - RECENT PARTNERSHIP CASES

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