Partnership Disputes
Disputes may concern:
- Profit allocation
- Dissolution
- Fiduciary duties
- Asset distribution
Applications for injunctions or account may arise. The court may be asked to wind up the partnership, order an account of profits, or restrain a partner from taking particular steps.
What Partnership Disputes Involve
Partnership disputes arise where business partners disagree about the conduct of the partnership, the allocation of profits, the distribution of assets or the terms on which the partnership should be dissolved. These disputes can be factually and legally complex. They may involve the interpretation of a partnership agreement, the application of default rules under the Partnership Act 1890, or claims that one partner has breached fiduciary duties owed to the others. Applications for injunctions or account may arise where one partner is said to have misappropriated assets, diverted business or acted in breach of trust.
In practice, the issues may concern profit allocation, dissolution, fiduciary duties and asset distribution. The court may need to consider the partnership accounts, the conduct of the partners, the value of the partnership assets and the appropriate remedy. Many disputes are resolved through negotiation once the issues are identified and the evidence is marshalled. Others require formal proceedings, including applications for interim relief to preserve assets or prevent further alleged wrongdoing.
When Representation May Be Needed
Representation may be needed where one partner is seeking to dissolve the partnership, where there is dispute about profit allocation or asset distribution, or where allegations of breach of fiduciary duty have been made. It may also be required where an injunction is sought to restrain a partner from taking particular steps, where an account is sought, or where the dispute involves the interpretation of the partnership agreement. Strategic advice at an early stage can be important in identifying the real issues and the most effective route forward.
The approach taken is measured and evidence-based. Partnership disputes often require careful analysis of the partnership structure, the conduct of the parties and the available remedies. Proper preparation assists in presenting the case in a clear and proportionate way. Where no written partnership agreement exists, the default provisions of the Partnership Act 1890 apply. Early identification of the real issues and the evidence available can be important in determining the most effective route forward.
Direct Access and Litigation
Instructions accepted under Public Access where suitable.
Acting Throughout England & Wales
Representation nationwide.