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When people start out in business together it is rare for them to spend too much time considering what would happen if they had a serious dispute. Often it is only when a problem arises that this situation is given any thought
Our Dispute Resolution team in Stafford, Newcastle-under-Lyme & Alsager can give you help and advice as soon as a partnership dispute arises. Often this early intervention can help to resolve the dispute quickly and in the most cost-effective way.
Am I in a partnership?
If you have a written partnership agreement then the position is clear, however partnerships can exist where there has been no written agreement to form a partnership or any discussion of being partners.
If two or more people have acted in a way which has the features of partnership, then it is possible for a Court to find that a partnership exists.
Our specialist Solicitors can advise you at an early stage of your legal position and what options this gives you to resolve the dispute or end the partnership.
Fiduciary Duties
Often partnership disputes arise when one or more of the partners do something which is damaging to the partnership. Examples of this type of conduct include:
- Diverting clients
- Taking unauthorised payments
- Not performing their duties
- Acting in competition with the partnership
Partners have a fiduciary duty to act in the best interests of the partnership. If a partner is in breach of this duty then any losses which have been suffered as a result can be the basis of a claim.
Ending a Partnership
When and how a partnership can be dissolved varies depending upon how the partnership was formed.
If there is a written partnership agreement it should contain clauses which set out how the partnership can be dissolved. However, if there is no written agreement then a partnership can only be dissolved by the agreement of all partners or by Court order.
Our specialist Solicitors can provide early advice if a dispute arises, to ensure that your rights as a partner are protected.
Why the Nowell Meller Disputes Team is the right choice for you
We believe that it is important to try to resolve disputes without Court proceedings where possible, as this is often the quickest and most cost-effective way to get the result you need.
However, if a settlement cannot be reached our experience in litigation and strong advocacy skills will put you in the best place to succeed in your partnership dispute.
If you need advice in a Partnership Dispute please do not hesitate to speak to one of our friendly team members on 01785 252377 for Stafford, 01782 987551 for Newcastle-under-Lyme, or 01270 446260 for Alsager.
