M young legal associates ltd v zahid solicitors a

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M Young Legal Associates Ltd v Zahid Solicitors (A Firm) [ 2006 ] EWCA Civ 613 – A retired solicitor entered into an oral agreement with a newly qualified solicitor under which he provided supervision for the practice as required by Law Society Regulations. The retired solicitor did not contribute any capital and was paid a fixed salary unconnected with the profits of the firm. In an action against the firm for damages by the claimant, it had to be decided whether the retired solicitor was indeed a partner for the purpose of joint liability. It was held (by the Court of Appeal) that the retired solicitor was a partner since the requirements of s.1(1) PA 1890 had been satisfied. It was possible for a person to be a partner and liable with the others for the firm’s debts even if he received only a specific amount as remuneration irrespective of profit. Download free eBooks at bookboon.com Click on the ad to read more We do not reinvent the wheel we reinvent light. Fascinating lighting offers an infinite spectrum of possibilities: Innovative technologies and new markets provide both opportunities and challenges. An environment in which your expertise is in high demand. Enjoy the supportive working atmosphere within our global group and benefit from international career paths. Implement sustainable ideas in close cooperation with other specialists and contribute to influencing our future. Come and join us in reinventing light every day. Light is OSRAM
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BUSINESS ORGANISATIONS AND AGENCY 338 PARTNERSHIPS Hodson v Hodson [2009] EWCA Civ 1042; [2010] PNLR 8 – Due to ill health, R, a solicitor, sold her practice to C, a junior solicitor. However, in order to satisfy the requirements of the Law Society, both parties entered a three-year partnership agreement under which R would supervise C’s practice. Under the agreement, R would get 1% of the profits while C would keep the rest. For most of the agreement period R provided the agreed supervision (usually from home) until the need for it was dispensed with by the Law Society. She was described as a partner in the firm’s notepaper and she had access to the firm’s client account and other facilities. However, R did not collect her share of the profits for the two years preceding the court case. On being joined in action against C for liability in negligence, R denied being a partner on the ground that: (a) the arrangement was merely a matter of convenience to enable C satisfy Law Society regulations; (b) she took no share of the firm’s profits; and (c) she did not work in the firm’s offices and had no influence in its business. It was held that the requirements of a partnership had been satisfied, namely the carrying on of business by two or more people with a view to making profit, and that the actual receipt of a share of the profits was not necessary for the status of a partner to exist.
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