Ideally, your partnership agreement should determine what happens in the event of a dispute. Where there is a partnership agreement, that agreement will hopefully be comprehensive and well thought out, so as to provide a remedy for the dispute.
However, if your partnership agreement does not provide for disputes, the Partnership Act 1980 provides rules for the mutual rights and duties of partners. This Act will often apply in absence of partnership agreements or will ‘fill in the gaps’ of existing agreements.
In circumstances where a partner has breached the partnership agreement, the innocent party may at that stage have an action for breach of contract. A good partnership agreement will also generally have a mechanism for when a partner can be removed and what happens to his or her share of partnership assets and possibly debts. Provisions may also include the ability for a partner or partners to be bought out by remaining partners.
With or without a Partnership Agreement
Alternative dispute resolution methods are strongly advised before conducting court proceedings in relation to a dispute. We will always consider alternative dispute resolution methods such as negotiation and mediation first, as these are quicker and cheaper than going to Court.
Our lawyers are highly experienced negotiators with experience in mediation, arbitration and adjudication. We have achieved results for our clients which often would not be achieved following lengthy litigation and allows for a better prospect of relationships being preserved.