Just like any relationship, business partnerships experience both good and bad times. When disputes do arise, they can be stressful and time-consuming.
Our Partnership team advise on a variety of partnership disputes including:
- claims made by partners or members of an LLP of discrimination on the basis of age, disability, pregnancy and maternity, race, religion or belief, sex, sexual orientation, marriage and civil partnership status or gender reassignment;
- disputes arising in relation to the expulsion, exclusion or retirement of a partner or member from a partnership or LLP;
- disputes relating to partnership accounts, profit share and misuse of partnership assets;
- injunctions to enforce post-termination restrictions and restrictive covenants and protect confidential information;
- threatened team moves; and
- disputes arising as a result of a breach of a partnership agreement or a partner’s duties to the partnership/LLP (such as fiduciary duties).
Our Employment team have particular expertise in advising partners in relation to discrimination claims. Jo Davis acted in one of the leading age discrimination partnership cases, which contributed to the Government abandoning the default retirement age for employees.
Partnership disputes often centre on how the assets of the partnership are to be divided and/or what should happen to the ongoing business and its customers during times of change. If a partnership dispute escalates, we are able to draw on a wealth of experience to secure you the best outcome, advise you of your rights and responsibilities and help you resolve it as quickly and cost-effectively as possible.
Where appropriate, we will help you achieve an amicable resolution of your dispute, whether through direct negotiation or mediation. However, if a negotiated resolution isn’t possible, we can assist you in presenting your best case in either arbitration or litigation proceedings.
A well drafted partnership agreement is particularly important when conflicts arise and can often minimise the risks of disputes taking place.
A written agreement tailored specifically to suit your business can establish profit and loss share, the responsibilities of each individual partner, the outcome of a partner leaving and other important guidelines.
If you are creating a new partnership, our lawyers can advise on bespoke agreements that complement your business structure. We can also discuss with you the meaning of the terms in your existing partnership agreement. If you don’t have a written agreement, our lawyers can explain whether (and if so how) the Partnership Act applies to your current business relationship.
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