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Partnership disputes

A partnership dispute can be a highly-charged and sensitive situation.

It is not unusual that a business person will, from time to time, choose to carry on a commercial enterprise in common with someone else, with a view to joint profit sharing. While they may not have characterised their relationship in such terms, as a matter of law it may be that they are operating a partnership.

This has significant legal ramifications. For example, the relationship of partnership gives rise to fiduciary obligations to act in good faith, to provide full account of partnership assets and to avoid conflicts of interest and personal profits and benefits. Breach of a fiduciary duty may entitle the other partners to equitable remedies, including an account of any profits made.

In addition, each partner is jointly and severally liable with all other partners for all debts and contractual obligations of the partnership incurred while they are a partner.


It will up to the court to determine, usually after the receipt of expert evidence from other like professionals, what the standard of skill and expertise would be for a reasonably competent professional of similar experience.

Time limits apply to civil proceedings so if you or your business is affected by possible professional negligence, it is prudent to seek legal advice at an early stage.


The Stacks commercial litigation and dispute resolution team has the resources and experience to assist with the resolution of any professional negligence dispute affecting your business.
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