Bring clarity and confidence to your partnership dispute by seeking resolution with Oratto member partnership dispute solicitors.
Partnership disputes can be personal, sensitive, contentious and may involve considerable assets. Therefore, partnership dispute solicitors have an important role to play in ensuring robust and practical commercial law advice.
Whether the partnership dispute has its origins in an alleged breach of statutory or fiduciary duties, an alleged breach of the partnership agreement, a disagreement about the way the profits are being divided or in the belief that a partner is not adequately contributing to the relationship, a specialist partnership dispute solicitor can help you achieve a positive resolution.
Redress in a partnership dispute
The lawyers in this section are experienced in advising on various types of commercial partnership disputes. They can help ensure compensation and other forms of redress, including the following:
- Forfeiture of fees
- Account of profits
- Compensation for breach of fiduciary duty
- Compensation for breach of contract
- Compensation for breach of statutory duty
- Compensation for unfair expulsion
It is increasingly common for partnership agreements to include provision for partner expulsion in cases where a majority of partners consider this action to be in the best interests of the whole.
This is usually to mitigate against situations arising in which one partner is performing at an inadequate level or is failing to operate in harmony with the rest of the partnership – even where there has been no breach of duty.
However, although courts are willing to uphold such expulsions, they will not do so if it can be demonstrated that the expulsion was motivated by unreasonable personal issues or discrimination.
It is vital that partners who have been expelled from a partnership receive authoritative legal advice in relation to their full legal rights and financial entitlement.
Old style partnerships
People who go into business together without a formal partnership deed may often be in personal financial risk in the event of a dispute.
This is because these old style partnerships bring with them the possibility of unlimited personal liability even though they are part of a business the law considers to be a formal partnership.
All disputes arising from old style partnerships are dealt with under the Partnership Act 1890. However, this is in many ways an inadequate statutory instrument, so it is vital that parties to a dispute have strong legal advice and representation.
Formal partnership agreements
Ideally, limited liability partnership agreements will provide clear guidance to be used in the event of a dispute while also providing some form of mechanism for resolving other disputes – for example, specifying that mediation or alternative dispute resolution should be pursued.
The agreement may also include provision for a partner or partners to be bought out in the event of a dispute – a so-called association valuation mechanism.
Oratto's partnership dispute solicitors
Whether or not you have a partnership agreement in place to help you negotiate your dispute, clear, authoritative and persuasive legal advice is essential in helping you avoid unnecessary liability, undesirable dissolution, unfair expulsion, unjust division or profits or the fallout from some form of breach of contract or duty.
Oratto's member partnership dispute solicitors will be able to provide personal advice and take part in negotiations, helping you advance your interest and meet your objectives.
Whether you achieve resolution through mediation or court action, let Oratto connect you with a solicitor skilled in your area of dispute. If you are unsure which solicitor will suit you best, use the Oratto Match facility so that we may consider your situation and put you in contact with the solicitor we feel most experienced in your field of law.