Stuart
has mediated the following partnership disputes:
•
Dispute about capital account of outgoing partner where goodwill said to have been depleted by breaches of the partnership agreement.
• Claim by former partner for agreed commissions and counterclaim for breaches of duty.
• Claims between partners in investment fund management LLP for breaches of the members agreement, and negotiation of the separation of the LLP brand and relationships and licence.
• Post-judgment mediation of dispute as to entitlements under multi-generational partnership across a range of property interests and corporate vehicles.
• Claim by law firm against former CEO and partner for overdrawn current account.
• Dispute between extended family members and partners in a property-holding partnership as to the dissolution of the partnership on just and equitable grounds and the winding-up of the partnership.
• Claim by estate of deceased partner for uplift in freehold property valuation for purposes of termination account.
• Claim for an account of profits in various trading and capital markets businesses related to partnership business.
• Dispute between partners in a GPs practice as to the validity of an expulsion notice in the context of an NHS England/GMC investigation and following a police investigation into alleged serious offences.
• Dispute between partners in dental practice as to the value of the exiting partner’s share and the remaining partner’s obligation to purchase.
• Claims for accounts under a commercial property-owning partnership and for various sums due between the partners for transactions agreed informally outside the partnership.
• Claims and counterclaims for misuse of partnership property and breaches of fiduciary duties in the context of a dissolution.
• Dispute between Executors regarding deceased’s share in a farming and haulage partnership with his brother, involving 200 acres.
• Claim by exiting partner against remaining partners in a solicitors’ practice for the value of his share, including allegations and counter-allegations of sexual misconduct and harassment.
• Dispute between former friends about the transfer of properties and other partnership dealings alleged to have been facilitated by fraudulent misrepresentations.
• Multi-generational dispute between executors of two sibling partners’ estates involving the division of residential and commercial properties and business assets.
• Dispute between brothers over promises to share proceeds of sale of sports photography business and archive.
• Mediation of an orderly winding up of a company between friends whose relationship had broken down.
• Dispute between former co-investors regarding the duties of an investor regarding competition in the international payment services market.
• Dispute between former long-standing friends over the terms of a number of substantial investments in developing companies and property, following the breakdown in the relationship.
• Claims for discrimination on the grounds of religious belief and race following compulsory retirement of a partner on clinical grounds by GPs’ practice.
• Dispute between accountants in an incorporated practice as to performance and post-termination covenants contained in a shareholders’ agreement, and as to entitlements on retirement.
• Dispute between existing partner and former partners of a GPs’ practice following mass retirement by the complainant partners.
• Dispute in respect of trust accounts and breaches of agreement between joint venture parties in respect of baggage handling works at various airports.
•
Dispute between partnership and outgoing partner and employee of insolvency practice.
•
Dispute between three partners in a GPs' practice arising out of clinical issues reported to GMC and subsequent suspension and negotiation of terms of departure, including issues of valuation and restrictive covenants.
•
Dispute between brothers and partners in an accountancy practice and property business regarding the operation of the businesses and ownership of properties in the UK and Bangladesh and client relationships following incorporation of the practice after a purported dissolution.
•
Dispute between remaining and outgoing non-medical partners in a GPs' practice regarding termination payment and partnership share.
•
Dispute between continuing partners and retiring partner
in Chartered Accountants’ practice over capital
account and retirement terms.
•
Various quasi-partnership disputes between shareholders
(see Shareholder Disputes page).
•
Dispute between equal partners in investment vehicle
over valuation, control and drawings.
•
Six-party dispute between former partners and management
board members of Chartered Accountants’ practice
over accuracy of accounts on entry into partnership.
•
Dispute between sibling partners in inherited care home
business over ownership and equity valuation.
•
Dispute between members of corporate finance limited
liability partnership.
•
Dispute between exiting partner and continuing partners
in solicitors’ practice over capital account and
restrictive covenants.
•
Dispute between members of a GPs’ practice over
working methods, remuneration and operational medical
issues.
•
Dispute over bonus entitlement and effect of restrictive
covenants between exiting IFA and remaining partners
in accountancy practice.
•
Dispute between partners in multiple property development
projects over accounts and distribution entitlements.
Stuart has experience of litigating
and advising on a number of partnership disputes, including
the following:
•
Dispute between present and former partners in family
firm of solicitors.
•
Advising incorporated solicitors’ practice in
investigation by the SRA into management control and
structure.
•
Advising on dissolution of solicitors’ practice.
•
Dispute over alleged partnership to purchase football
club.
•
Dispute between partners in corporate investment vehicle.
•
Dispute over terms of partnership agreement for the
development of new technology. |