Solicitor escapes liability for Assigned Risk Pool run-off premium

by Peter Garry on 11 October 2012

“… The Judge considered whether it could argued that in all of the circumstances there was an implied contract between the members of the LLP and the insurers …”

In Zeckler v Assigned Risk Pool Manager Capita Commercial Services Ltd (reported on Westlaw) the High Court has allowed an appeal by a solicitor from an order of the Chief Bankruptcy Registrar who had refused to set aside a statutory demand against the solicitor seeking payment of a substantial Assigned Risks Pool (ARP) premium payable by the limited liability partnership (LLP) of which the solicitor was a member.

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Winkelhof whistleblower equity partner is not a “worker” after all, but can bring a discrimination claim in England

30 September 2012

“… such a member cannot bring a whistleblowing claim (and would also be deprived of part-timer and equal pay remedies) …” In a previous post I commented on the case of Bates van Winkelhof v Clyde & Co in which the Employment Appeal Tribunal found that an LLP member was a “worker” within the meaning [...]

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Winkelhof whistleblower equity partner is a “worker”

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“… any partner or member who agrees to devote their full time and attention to the practice may well be a “worker” …” The case of Bates van Winkelhof v Clyde & Co in the Employment Appeal Tribunal (“EAT”) has made new law, answering the question: can an equity member of an LLP be a [...]

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5 questions for professional practices following the Seldon age discrimination judgment

26 April 2012

“… if the answer to any of these questions is, “No,” there may be a problem …” Following the Supreme Court judgment in Seldon, how do professional practices quickly determine whether or not they should be taking advice on their current partner or LLP member retirement provisions, with a view to minimising the risk of [...]

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Tiffin brings more certainty as to who is and who is not a partner

7 February 2012

“… In these difficult times, in which many professional practices are facing potential or actual insolvency, it is important for “partners” to know what liabilities they face …” Last week’s Court of Appeal judgment in the case of Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35 has brought more certainty to the frequently arising [...]

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A final resolution of professional practice age discrimination issues?

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“… Most UK professional practices operate a system of inherently discriminatory compulsory retirement of partners at a fixed age, regardless of ability or performance, on the assumption that this is legally justified …” The case of Seldon v Clarkson Wright & Jakes is due to be heard by the Supreme Court on 17 January 2012 [...]

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Partnership dissolution – building (incomplete) bridges

22 August 2011

“… The classic example that is often given is where a firm has contracted to build a bridge, and dissolution occurs when only half of the bridge has been built …” The recent case of Boghani v Nathoo [2011] EWHC 2101 (Ch) (judgment 2 August 2011) is a useful modern authority relating to the obligation [...]

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LLP + no LLP members’ agreement = litigation

9 March 2011

“… considerable profits have been made, and essentially it is worth fighting over …” The recent case of Eaton v Caulfield & others (an unfair prejudice petition brought under section 994 of the Companies Act 2006, coupled with a just and equitable winding up petition under section 122(1)(g) of the Insolvency Act 1986) highlights the difficulties faced [...]

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PLAWBites – Partnership Dissolution FAQs

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The first in a new series of bite-sized FAQs on aspects of partnership and LLP law Partnership dissolution FAQs:  What is dissolution? In the partnership context, “dissolution” describes both an event and a process :

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Breach of duty of confidentiality via SAR audit

13 February 2011

“… while nobody sympathises with a money-launderer or other criminal, not only is there the possibility of a damages claim from a client, but also regulatory sanctions in addition …” Solicitors could inadvertently breach their obligations to certain clients by allowing their Solicitors Accounts Rules (SAR) auditors to view those clients’ files. Solicitors and other [...]

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Pursuing harassment rather than discrimination

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“… most conduct that would have been sufficient to justify a discrimination or sexual harassment claim may well be oppressive and unacceptable and cause anxiety, alarm or distress …” It is quite a common occurrence these days to find at the first meeting with a client that he or she has a perfectly good discrimination [...]

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Insurance renewal-induced cessation

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“… If someone is completing on Friday it does not help them if their solicitor ceases to practise on Thursday …” Some legal practices are only now, with one week to go, receiving premium quotes for their 1 October 2010 professional indemnity insurance renewal. It is nail-biting for them as they may have only one quote – it is [...]

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Escaping liability in professional partnership insolvencies

1 July 2010

“… It is possible inadvertently to throw away these defences in the course of the process leading up to administration, a PVA and/or IVAs …” This article describes the run-up to a professional partnership insolvency, and the choices faced by the partners who control the partnership. It then goes on to identify particular issues faced [...]

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