Remedies

Finding the right remedy to help you achieve the best result when facing a dispute.

It’s not uncommon for someone to say that their business partner has behaved badly, but it’s less common for someone to know what possible remedies might be available.

Where a partner has breached the terms of a partnership agreement, it may be necessary to expel them from the partnership. This course of action may seem extreme but sometimes there is no alternative, especially if having them stay on could negatively impact the operation of the business.

Sometimes partnership agreements may also contain clauses stating that a partner can be forced to retire after the expiry of a set period (e.g. six months), without any particular grounds.

If a partner is to be expelled (or forced to retire), then this has to be permitted by the partnership agreement.

If you can’t remove the partner in question under the terms of the partnership agreement, the best solution available may be to dissolve the partnership. This isn’t a step you should take lightly as it could carry certain undesirable consequences.

In other circumstances, a partner can be sued for the losses they caused if they breach the partnership agreement. This may be the case if a partner fails properly to account to their fellow partners for monies they have received.

In urgent cases, it may be necessary to ask the court to order an injunction, to make an order e.g. forbidding a partner from doing something. This may be the case when a partner wants to leave for a competing business and ‘steal’ clients whom they are not allowed to take.

We have the skills to face the expected and unexpected and can help you explore your options when facing a partnership dispute, so you resolve the matter as quickly and efficiently as possible.