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There can be a lot at stake in a partnership dispute. As well as posing a risk to the business itself, a disagreement may also threaten the careers and reputations of the partners and members involved. This means it’s vital to prevent, manage and resolve any partnership dispute as effectively and efficiently as possible. This can seem difficult when a lot of time, emotion and money has been invested in the business, particularly if the dispute escalates and becomes acrimonious.

At Lewis Nedas Law, when it comes to protecting a partnership or the rights of individual partners, we understand that clear, practical and commercially-minded legal advice can make all the difference. If you need assistance preventing or resolving a dispute, we can help.

We continuously work with partnerships across various sectors and pride ourselves on providing advice and representation aimed at putting our clients in the strongest possible position, whether in negotiations or litigation. We take a cross-departmental approach tailored to your circumstances, so you know you have the best possible legal team working for you. For more information, please contact us.

Our Partnership Dispute Expertise

We have a deep understanding of the legal, commercial and regulatory context partnerships operate in, and vast experience working with partnerships and individual departing or remaining partners from many different sectors and professions, including medical practitioners, accountants, architects, surveyors and solicitors. Our expertise in partnership law includes the following areas:

  • Rights and responsibilities of partners and members
  • Breaches of statutory duties
  • Breaches of fiduciary duties
  • Breaches of partnership agreement terms
  • Disputes over interpretation of partnership agreements
  • Disputes over governance
  • Disputes over share of profits or losses
  • Partner liability
  • Partner misconduct
  • Suspension, removal or expulsion of a partner
  • Leaving or retiring from a partnership
  • Discrimination
  • Fraud
  • Dissolution or winding up a partnership

Whether you are seeking relief or defending against unfounded allegations, our specialist partnership law solicitors are ready to help.

Our Approach to Partnership Dispute Resolution

Our approach is based on taking timely action to achieve early dispute settlement. We always aim to end the dispute swiftly and in a mutually acceptable way that avoids expensive and complex litigation. To that end, we regularly assist clients to resolve partnership disputes through negotiation, mediation and arbitration. These are particularly effective, confidential and low-cost methods of dispute resolution and our specialist partnership dispute solicitors are ready to guide you through the entire process.

If court action is unavoidable, our highly experienced and effective litigators are ready to fight your corner. Our specialist team of civil litigators (all of whom are City firm trained) have strong, highly honed advocacy skills, lengthy experience, commercial acumen and a successful track record acting for individuals and companies both in the UK and abroad. Our fees are also highly competitive.

Partnership Dispute Litigation

If a partnership dispute cannot be settled through alternative dispute resolution, the matter will be determined by the court. Whether a partnership dispute will proceed in the county courts or High Court, and the length of time litigation will take, depends on the size and complexity of the case. Every claim must go through certain stages and meet procedural requirements and deadlines. This requires a pro-active, strategic approach, both when preparing a case and when arguing in court.

The first stage of a partnership dispute claim requires the parties to make a reasonable attempt to settle. If this isn’t possible, proceedings are issued. This next stage requires the claimant to issue a claim form detailing their case, which is then served on the defendant. The defendant must then indicate whether they intend to defend against the claim. If they decide to do so, they must serve their defence and any counterclaim. This stage involves the payment of fees and is subject to strict deadlines. Any failure to meet these requirements is unlikely to attract the sympathy of the court, and can result in the case being struck out or a summary judgment made against the defendant.

Once case management decisions have been made and relevant documents and evidence have been disclosed to the other party, the trial will be held at a predetermined date. This primarily involves oral hearings where each party’s advocate puts forward their client’s case on the basis of evidence and law. Once the trial ends, the judge will make a decision. In some situations, it may be possible to appeal the decision. If the unsuccessful party fails to adhere to the judgment, enforcement measures are available.

If you are involved in a partnership dispute or have been threatened with legal action, you need expert advice from experienced litigators. Our specialist partnership law advocates are ready to guide your claim or defence throughout the entire process.

Lewis Nedas Law – Award-Winning Partnership Dispute Solicitors

If you are involved in a dispute or have been threatened with legal action, you need expert advice. Our solicitors have decades of experience advising and representing clients across the full spectrum of legal areas. We have been particularly successful assisting clients to resolve disputes concerning the rights and liabilities of parties following a partner’s retirement or removal, or if the partnership is being dissolved or wound-up.

With offices in Camden and Fleet Street, we represent and advise clients in Central London, West London, North London and across the UK. For more information on how our specialist partnership dispute lawyers can help you, please contact us.

While most professionals and their clients will work together to achieve a goal, it’s not uncommon for them to disagree about the means or the outcome. If this dispute escalates and a client considers that the professional has failed to exercise the required standard of care and skill, then they may be entitled to sue the professional for negligence.

Professional negligence disputes can have serious consequences for all those involved. For the client, a professional’s conduct may have caused them to suffer severe financial loss or damage. For the professional, a claim made against them can have serious repercussions on their reputation and professional activities.

Resolving a professional negligence dispute doesn’t necessarily require immediate court action. In many circumstances, negotiation and other forms of dispute resolution may offer the most time-saving and cost-effective solution. Where settlement isn’t possible, litigation provides the means for enforcing or defending your rights and reaching a legally-binding conclusion.

At Lewis Nedas Law, our expert professional negligence solicitors have specialist knowledge and experience in professional negligence claims. We are also expert negotiators and litigators dedicated to getting the best possible result for our clients. If you want to make a professional negligence claim or are a professional threatened with legal action, we can help. Please contact us for more information.

Suing Professionals in Negligence

Many of us rely on professionals for their specialist knowledge and experience. Architects, surveyors, tradesmen, financial advisors, accountants, solicitors – all these professions and more provide us with skills and expertise, which we can expect to be of the required professional standard when we engage their services. But when a professional has failed to perform to that standard, and discharged their responsibilities negligently, the law provides a remedy for those who have suffered loss and damage as a result.

In order for a professional negligence claim to succeed, it must be shown that the professional failed to exercise the required standard of skill and care, either through an act or omission, and that that breach caused you to suffer reasonably foreseeable loss. Alternatively, or additionally, it may be possible to claim breach of contract.

It’s not enough that you received a bad service or that the professional made a mistake – the focus is usually on the standard of their performance. Whether or not the professional exercised the required standard of skill and care is assessed according to the ordinary skilled person of the same discipline. In other words, it depends on how an equivalent professional could reasonably have been expected to act in the particular circumstances. If the professional failed to meet that standard, then a claim backed by strong evidence is likely to be successful.

If you want to raise a professional negligence claim, our specialist solicitors are ready to help. We pride ourselves upon our fast, honest, direct, responses; our availability to our clients; our cost-aware, time-efficient approach; and our highly effective and successful Letters before Action. Please contact Jeffrey Lewis or Ian Coupland for more information.

Defending Against Professional Negligence Allegations

It takes many years to amass and refine the specialist skills and knowledge required to practice a profession, yet even the most reputable and experienced professionals will make mistakes during their careers. When an allegation of professional negligence follows, it can have serious reputational and financial implications. In order to mitigate these potential consequences, it’s vital to thoroughly defend against allegations of professional negligence and limit any professional liability.

In a modern economy, professionals have specialised knowledge and skills in diverse areas, which can easily be misinterpreted by clients. The law recognises this risk and will only hold conduct to be professionally negligent if it falls below the standard expected of an equivalent professional in the particular circumstances. This means that although the client of the professional may not have achieved their desired result, it doesn’t follow that the professional was negligent if they conducted themselves with the required skill and care.

Defending against professional negligence allegations therefore requires detailed scrutiny of the particular facts of the case, the practices of the particular profession and the relationship between the parties. This involves, amongst other things, carrying out a detailed investigation into what could reasonably have been expected of a professional in the same situation, the behaviour of the client alleging negligence and anything that was beyond both the professional’s and client’s control.

If you need to defend against a professional negligence claim, our specialist solicitors are ready to help. We have strong, broad, highly honed negotiation/litigation skills, lengthy experience, commercial acumen, and a successful track record. Please contact Jeffrey Lewis or Ian Coupland for more information.

Professional Negligence Litigation

If a professional negligence claim cannot be settled through alternative dispute resolution, the matter will be determined by the court. Whether a professional negligence claim will proceed in the county courts or High Court, and the length of time litigation will take, depends on the size and complexity of the case. Every claim must go through certain stages and meet procedural requirements and deadlines. This requires a pro-active, strategic approach, both when preparing a case and when arguing in court.

The first stage of a professional negligence claim requires the parties to make a reasonable attempt to settle. If this isn’t possible, proceedings are issued. This next stage requires the claimant to issue a claim form detailing their case, which is then served on the defendant. The defendant must then indicate whether they intend to defend against the claim. If they decide to do so, they must serve their defence and any counterclaim. This stage involves the payment of fees and is subject to strict deadlines. Any failure to meet these requirements is unlikely to attract the sympathy of the court, and can result in the case being struck out or a summary judgment made against the defendant.

Once case management decisions have been made and relevant documents and evidence have been disclosed to the other party, the trial will be held at a predetermined date. This primarily involves oral hearings where each party’s advocate puts forward their client’s case on the basis of evidence and law. Once the trial ends, the judge will make a decision. In some situations, it may be possible to appeal the decision. If the unsuccessful party fails to adhere to the judgment, enforcement measures are available.

If you are involved in a dispute or have been threatened with legal action, you need expert advice. Our specialist personal negligence litigators are ready to guide your claim or defence throughout the entire process.

Lewis Nedas Law – Award-Winning Professional Negligence Solicitors

Our solicitors have decades of experience advising and representing clients across the full spectrum of legal areas. With offices in Camden and Fleet Street, we represent and advise clients in Central London, West London, North London and across the UK. For more information on how our specialist professional negligence lawyers can help you, please contact us.

 

Corporate Finance encompasses transactions to raise capital in order to create, develop, grow or acquire businesses with a view to maximising shareholder value. It also involves refinancing and debt restructuring of businesses and adapting a company's capital structure to specific circumstances and corporate strategies. This might include share buy-backs or members' voluntary liquidations and demerger liquidation schemes (using section 110 of the Insolvency Act 1986) to create a more logical group structure and/or to unlock shareholder value in distinct business streams or to separate businesses lines which have different strategies or operate in different markets.

Our team will ensure that your transaction is progressed efficiently and effectively to ensure the best outcome for you. We work alongside your banks or private equity funders, financial advisers and corporate brokers. We review and advise on all legal aspects, legal due diligence and documentation relating to raising equity and development capital, leveraged and acquisition finance and raising finance on assets and debt or invoices. Throughout the deal we will offer constructive help and proactive advice, based on a sound understanding of your commercial objectives.

Contact our Specialist Corporate Finance Solicitors

For further information or to speak to our expert corporate finance solicitors please telephone us on 0207 387 2032 or complete our online enquiry form here.

Insolvency can be a difficult time, whether you are going through insolvency as an individual or a business, you need practical legal advice you can trust. Lewis Nedas specialist insolvency and restructuring lawyers regularly advise on a wide range of insolvency issues including in many high-profile, complex and challenging cases.

Our team have experience providing insolvency advice and assistance in a variety of sectors and can assist you regardless of whether your business is in financial services, hospitality, and leisure, retail, energy, healthcare or any other sector. Contact us today to find out more about how we can provide advice and practical solutions at this challenging time.

Insolvency, UK

Where a company or an individual is unable to pay their debts as they fall due, or where they find themselves with greater liabilities than assets, they will be deemed to be insolvent. The individual or company may be helped in this situation through an appropriate insolvency procedure. Companies may use liquidation, administration or a Company Voluntary arrangement and individuals may use Bankruptcy or an Individual Voluntary arrangement. Our specialist insolvency solicitors can help you determine which is the best procedure for your circumstances and advise you of your obligations under each type of procedure.

The person appointed to deal with your insolvency is known as the insolvency practitioner. This person will act as an office holder in bankruptcy, voluntary arrangement, administration or liquidation. Each insolvency procedure differs, and both your obligations under each procedure and the outcome will also differ depending on the procedure you go through. Outlined below are some of the key factors you should understand about each type of procedure, however, your insolvency solicitor will be able to explain these to you more fully. Contact us today to find out more.

Corporate Insolvency, UK

Liquidation – Liquidation is the process used to wind up a limited company in the UK. In liquidation, the assets and property of the company will be sold in order to pay back creditors. If the company is solvent on liquidation the cash generated may also be distributed amongst shareholders.

Compulsory Liquidation – Compulsory liquidation occurs when a winding up order is made in Court. Winding up orders are made on petition, normally by a creditor. In these circumstances, the company Directors have no control over when this procedure occurs and it is very rare for any art of the business to be rescued after going into compulsory liquidation. If your company is insolvent, contact our solicitors today to find out whether voluntary liquidation may be a better option allowing you more control over the affairs of the company.

Creditors Voluntary Liquidation – This is the most common type of liquidation and occurs when the shareholders decide to wind up a company that is no longer solvent.

Members Voluntary Liquidation – Members voluntary liquidation occurs where the shareholders of a company have enough assets to pay all the debts of the company. This is a tax efficient method of distributing surplus cash in a company back to the shareholders.

Administration – Administration is a procedure of insolvency used to protect a company from creditors whilst is is being restructured either to be sold or to continue as a going concern. During administration, a licenced insolvency practitioner will manage the company’s affairs.

Pre-pack Administration – Pre-pack administration occurs where a business is sold immediately after entering into administration. Usually, the pre-pack deal has been organized ahead of the company being put into administration. A pre-pack administration is highly regulated and may only be used where the highest value for the business can be obtained. A pre-pack administration is beneficial in a number of ways, and normally saves more jobs than any other form of insolvency procedure.

Will my company be dissolved?

The Companies Act outlines procedure for non-trading or dormant companies to be dissolved.

This means that the company will be removed from the Companies register. However, contracts and relationships will not be terminated and dissolution of a company should not be used to avoid liquidation. Claims against a company can carry on for 20 years, and the company may be reinstated and then put into liquidation to pay back creditors.

Personal Insolvency, UK

Voluntary Arrangement – Voluntary arrangements come in multiple forms; a Company Voluntary Arrangement, Partnership Voluntary Arrangement or Individual Arrangement. Voluntary arrangements are legal procedures which allows a company, partnership or individual to come to an agreement with its creditors that is legally binding, and outlines how the debt owed is to be repaid. In order to enter into a voluntary arrangement, 75% of all creditors must agree to the terms of the arrangement. However, the final arrangement will be binding on all creditors.

Bankruptcy – Bankruptcy occurs where an individual becomes insolvent. In bankruptcy, the financial affairs of the individual are administered by a Trustee. The Trustee’s role is to distribute the bankrupt person’s assets amongst their creditors in alignment with the order of preference. Bankruptcy begins when a court makes a Bankruptcy Order against the individual.

How can Lewis Nedas Help?

Lewis Nedas insolvency team have worked with a range of clients from helping individuals rearrange their financial affairs to advising companies in crisis.

 Our team will always advise in your best interests and help you achieve the desired outcome from insolvency proceedings as far as possible. We can provide you with practical solutions to the challenges you face in insolvency, and ensure you are fully aware of your obligations when you or your business becomes insolvent.

Our insolvency services include:

  • •    Advising of directors duties in insolvency
  • •    Advising stakeholders such as banks, sponsors, landlords, tenants, creditors and suppliers among others
  • •    Rescuing businesses
  • •    Formal insolvency procedures
  • •    Advising on debt acquisition or disposal
  • •    Reorganisation and restructuring

These are just examples of the insolvency assistance we can provide, contact us today to find out how we can help you.

Contact our Specialist Insolvency Solicitors

For further information or to speak to our expert restructuring & re-organisation solicitors (including corporate recovery & insolvency) please telephone us on 02073872032 or complete our online enquiry form.

 

 

We have good contacts with insolvency practitioners. We might liaise with them to identify the most appropriate steps to protect the company and its business. This could result in refinancing and re-structuring without the need for formal insolvency proceedings. This might include share buy-backs or members' voluntary liquidations and demerger liquidation schemes (using section 110 of the Insolvency Act 1986) to create a more logical group structure and/or to unlock shareholder value in distinct business streams, or to separate businesses lines which have different strategies or operate in different markets.

Alternatively administration may be recommended in order to freeze creditors' hostile actions against the company, coupled with a voluntary arrangement or the sale of the business back to its owners or a third party.

We can advise directors of companies in distress of their duties and responsibilities to enable them to take the most appropriate action to protect themselves, their business or their assets. Such directors may face possible claims of wrongful trading and other claims made by insolvency practitioners relating to transactions at an undervalue, voidable preferences, or the threat of company director disqualification. We have immediate access to a committed Debt Recovery team. This team provides a comprehensive, efficient and cost effective book debt collection service.

We can advise on the impact of insolvency on the rights of landlords, tenants, suppliers, charge holders, holders of liens and retention of title, contracting parties, customers' deposits, directors' loans, and employees' rights on unfair dismissal, redundancy and arrears of pay. Our litigation team can assist creditors to enforce their rights.

We are also well-placed to assist potential purchasers in buying businesses and assets from administrators and liquidators, as we understand the issues faced by the parties on both sides of the transaction.

Contact our Specialist Restructuring & Re-Organisation Solicitors

For further information or to speak to our expert restructuring & re-organisation solicitors (including corporate recovery & insolvency) please telephone us on 0207 387 2032 or complete our online enquiry form here.

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