Written by a team of experts, a leading partnership and LLP barrister with many years of litigation experience, a solicitor with specialist expertise in partnership and LLP structures and agreements, and a leading academic in the field.It provides clear and practical guidance on the main issues that arise time and again in the world of partnerships and LLPs. Whilst there are many important differences between traditional partnerships and LLPs, the practical issues that they face are often similar and are dealt with in this book. The focus is mainly on those areas that regularly cause difficulty in firms (be they a traditional partnership or an LLP).Subjects covered by the book include:• The key characteristics of partnerships and LLPs• Factors influencing choice of legal entity• The essential elements of partnership and members’ agreements• Management structures including management boards and partnership councils• Conduct of meetings• Partnership/LLP property and profits and losses• Accounts, taxation and audit• Partner and member expulsions and compulsory retirements• Duties of partners and members• Liability of partners• Repudiation of partnership and LLP agreements• Equality Act implications and issues• Suspension and garden leave• Personal liability issues• Dissolution and winding-up• Goodwill• Litigating partnership and LLP disputes (courts, arbitration and mediation)• Mergers, acquisitions and conversions
The book comprehensively covers issues relating to the problems which can arise from poor drafting and a failure to investigate sufficiently all the circumstances relating to the testator/testatrix.
In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application.
193 Stainton v Carron Co (n 188) at 159; Yeatman v Yeatman (n 188) at 216; Harmer v Armstrong [1934] Ch 65, CA; Re Field (n 189) at 559. 194 RCR 2004, r 6/31. 195 Bradstock Trustee Services Ltd v Nabarro Nathanson (n ...
PROBATE. REMEDY. «Ch. 13», «§ 13.3», •A » 1 Litigation Under FL Probate Code § 13.3.A (2020) A. In General Normal tort remedies for interference with an expectancy are monetary damages and restitution. See §§ 13.4.A–13.4.
«Ch. 13», «§ 13.3», •A » 1 Litigation Under FL Probate Code § 13.3.A (2022) A. In General Normal tort remedies for interference with an expectancy are monetary damages and restitution. See §§ 13.4.A–13.4.
Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms.
Estate of McDonald takes the holding in Estate of Reade to its logical extreme [Estate of McDonald (1954) 128 CA2d 719, 275 P2d 917]. During her lifetime, Callie McDonald favored her son Lester with gifts of two real properties.
Goodman, Dawn, Hall, Brendan, Hewitt, Paul, Mason, Henrietta (2008), Probate Disputes and Remedies, 2nd edition. Jordans, Bristol. Kerridge, Roger, Brierley, A.H.R. (2002), Parry and Clark: The Law of Succession, 11th edition.
Looks at the psychological aspects of why families fight over estates and offers recommendations on how to prevent inheritance disputes and preserve family relationships.
... Lightman J said at 1224 that in a 'beneficiaries dispute' costs follow the event, citing McDonald v Horn (n 169) at 971, per Hoffmann LJ, referring to hostile claims by beneficiaries against trustees or other beneficiaries.