Advising professional partners, typically in the legal, accountancy and financial services sector is the cornerstone of our practice.
We pride ourselves in assisting our clients, whether individual partners, members, partnerships or LLPs, to achieve resolution of disputes quickly and discreetly. We recognise that it is rarely in either parties’ interests to engage in a public dispute. However, if necessary, we will fight hard in the Employment Tribunals and Courts to achieve our client’s objective. Sometimes even just the threat of litigation and taking steps in this regard can be a powerful tool in focusing the mind of an opponent.
While the use of partnership and LLP structures are often attractive because of the flexibility they offer in terms of management and remuneration, the imbalance of power between partners or members can give rise to disputes. Our specialist knowledge of partnership law, combined with our understanding of the application of employment law principles, make us well placed to advise when disputes arise. We frequently act in disputes arising out of breaches of partnership or members’ agreements, including the threatened or actual expulsion of members from an LLP, changes to partners’ remuneration or other rights, alleged breaches of fiduciary duties and duties of good faith, breaches of restrictive covenants, breaches of the Partnership Act 1890 or the default provisions of the LLP regulations, unfairly prejudicial conduct by an LLP or other members, alleged discrimination and, increasingly (following the Supreme Court decision in Clyde & Co LLP v Bates van Winkelhof), whistleblowing.
Our recent experience includes:
- advising numerous professional members of LLPs in connection with expulsions or threatened expulsions from the LLPs in which they are members and resolving those disputes promptly and discreetly by way of settlement agreement
- obtaining a settlement for a partner in a healthcare investment management business of a multi-million pound claim pursuant to the Partnership Act 1890, for damages on a quantum meruit basis and in equity for an interest arising by reason of constructive trust
- advising a partner in a professional partnership threatened with an application for dissolution
- advising in relation to potential claims by the widow of a partner in a complex limited partnership hedge fund structure
How Fox & Partners can help…
- we identify our clients’ objectives from the outset, give advice on the merits of a claim or defence, present options for taking the matter forward and discuss the likely costs involved
- we keep costs and prospects of success under review to enable our clients to undertake a regular cost/benefit analysis
- we advise on strategies to assist in resolving your dispute discreetly and promptly
- we support clients through the litigation process, including advising in relation to obtaining key documentary evidence from opponents and third parties and preparing witness statement evidence
- we can assist in drawing up settlement agreements which reflect agreed commercial terms and protect you against current and future claims.
Please call us on 020 7618 2400