‘The Court of Appeal has upheld a High Court decision against one solicitor in favour of her former partner, after expressing surprise that the pair had no more than a verbal agreement made in the pub over a drink.’
Legal Futures, 12th June 2015
Source: www.legalfutures.co.uk
‘An equity member of a limited liability partnership was a “worker” within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and therefore the employment tribunal had jurisdiction to hear a claim brought by the equity member against the partnership under section 47B of the Act, as inserted.’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
‘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 Supreme Court decision, an expert has said.’
OUT-LAW.com, 23rd May 2014
Source: www.out-law.com
‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’
Halsbury’s Law Exchange, 12th May 2014
Source: www.halsburyslawexchange.co.uk
‘The Court of Appeal’s judgment in Bishop v Golstein [2014] EWCA Civ 10, handed down on 5th February 2014, and the first instance decision of Christopher Nugee QC (now Nugee J) (reported at [2014] Ch 131) both contain useful guidance for partnership lawyers advising clients in connection with dissolution and remedies where the partnership relationship has irretrievably broken down. Whether a partnership can be dissolved by acceptance of arepudiatory breach is probably one of the most contentious issues in modern partnership law. The first instance decision is now the leading authority on this issue in two partners firms, whilst the Court of Appeal’s decision sets out some pointers. Amanda Eilledge explains.’
11 Stone Buildings, February 2014
Source: www.11sb.com
DV3 RS Ltd Partnership v Revenue and Customs Comrs [2013] EWCA Civ 907; [2013] WLR (D) 311
“Where a vendor contracted to sell a chargeable interest to a company and the company made a sub-sale to a partnership (of which the company was a member), both contracts being completed at the same time with sequential transfers, the partnership, as taxpayer, acquired a chargeable interest liable to stamp duty land tax.”
WLR Daily, 25th July 2013
Source: www.iclr.co.uk
“The Court of Appeal has ruled against a stamp duty land tax (SDLT) avoidance scheme involving the interaction of the sub-sale and partnership rules, overturning earlier decisions by the First Tier and Upper Tax Tribunals.”
OUT-LAW.com, 30th July 2013
Source: www.out-law.com
“Only 9.4% of equity partners in law firms are women, despite equal numbers of men and women entering the profession.”
The Guardian, 18th June 2013
Source: www.guardian.co.uk
“Employers looking to defend or reintroduce a mandatory retirement age will find ‘very little comfort’ in last week’s decision allowing a law firm to force a partner to retire at 65, an expert has said.”
OUT-LAW.com, 4th June 2013
Source: www.out-law.com
Golstein v Bishop [2013] EWHC 881 (Ch); [2013] WLR (D) 163
“The dissolution of a partnership could not be brought about by an accepted repudiation.”
WLR Daily, 2nd May 2013
Source: www.iclr.co.uk
“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”
WLR Daily, 17th April 2013
Source: www.iclr.co.uk
Supreme Court, 24th April 2013
“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”
UK Human Rights Blog, 24th April 2013
Source: www.ukhumanrightsblog.com
“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
“A lender has lost its appeal against a High Court ruling that said a solicitor was not liable for its loss in a £2.5m mortgage fraud perpetrated by her former partner because she was not aware of the misrepresentations he made.”
Legal Futures, 14th February 2013
Source: www.legalfutures.co.uk
“The recent county court case of Pamela Curran and Brian Collins highlights the difficulties that arise when unmarried couples separate and it should serve as a warning to others in a similar position.”
BBC News, 6th February 2013
Source: www.bbc.co.uk
“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
© Inner Temple Library 2024