"They do have an excellent depth of bench of partnership and LLP lawyers."
"their reputation is well deserved in the area of partnership law"
‘stocked with magnificent lawyers’
Serle Court is regarded as one of the leading sets for partnership and LLP work and is consistently top ranked in both Chambers and Partners and Legal 500. Our barristers offer a unique combination of breadth and depth of experience in this area which is complemented by years of experience of high value complex commercial litigation and arbitration.
Our experience includes both contentious and non-contentious work, and transactional work involving general partnerships, limited partnerships and LLPs, across the whole range of business sectors such as professional service firms, investment and investment management vehicles, family wealth management partnerships, property, farming, doctors and dentists, both in the UK and overseas, often involving partnerships between high net worth individuals.
An increasing part of our work involves issues arising from the use of partnerships and LLPs in hedge fund, private equity and other financial services structures; in international commercial group structures; and as part of wealth planning strategies.
In the professional services sector, our clients include a number of the major firms of solicitors and accountants. On the non-contentious side, we have experience of domestic and international mergers, demergers and structuring, LLP conversions and revision of partnership agreements. Contentious experience includes litigation and arbitration across the full spectrum of partnership disputes: in particular, expulsions; team moves; restrictive covenants; retirements; dissolutions; regulatory and disciplinary issues; insurance coverage issues; and liability to third parties.
The Law of Limited Liability Partnerships (5th edition 2021, Bloomsbury Professional) by John Whittaker and John Machell KC (with contributions from other members of Chambers: Thomas Braithwaite, Jennifer Haywood, Matthew Morrison, James Mather, Adil Mohamedbhai, Amy Proferes and Emma Hargreaves) is established as the leading work on LLPs for practitioners and the courts and John Machell KC, Jennifer Haywood and James Mather have published an LLP Legislation Handbook (2010, Bloomsbury Professional).
Chambers regularly accepts instructions in relation to partnership/LLP arbitrations and mediations.
Please join our experts in conversation on LinkedIn by joining the Serle Court – Partnership and LLP Law Group here.
Chambers UK 2021
A pre-eminent set with a deep bench of barristers who act for law firms, financial services companies and other professional services clients in connection with a variety of partnership issues. Members also represent property developers and individual partners in family partnerships. The set is known for having developed strong arbitration and mediation practices and for being home to barristers who "combine detailed legal knowledge with practical application; they invariably present their advice in a client-friendly manner."
Client Service: Head clerk Steven Whitaker runs a "very well-run clerking team" that includes the "terrific" Nicholas Hockney.
Silks:
Philip Jones KC: "Instructed when clients are looking for a heavyweight name with sound commercial judgement."
John Machell KC: "Without doubt a top silk in partnership and LLP matters," who is "sharp of mind, commercial and popular with clients." "He is extremely accessible and user-friendly and quickly manages to distil very complex legal issues down to their essence. John commands complete confidence and always delivers a clear analysis of the legal position and risk."
Juniors:
Jennifer Haywood: "Combines high-level strategic advice and lateral thinking with an attention to detail that is unsurpassed." "She is particularly well known for her partner disputes work and is excellent at mediation." "She develops good relationships with clients and gives sound advice on the merits of a case and in settlement negotiations."
Thomas Braithwaite: "A highly intelligent advocate who provides great client service."
James Mather: "Exceptionally bright and very articulate." "He is very responsive, incisive and user-friendly."
Legal 500 2023
Serle Court has a focus on the commercial space within partnership law, with its practice developed to include partnership and LLP arbitration and mediation practice, with a broad range of members instructed on partnership and LLP disputes. Alongside this, members of chambers have also been instructed by clients in the financial sector, with John Machell KC having advised professional service and financial services firms in a range of partnership and regulatory issues. Jonathan Adkin KC has been involved in partnership disputes revolving around investment partnerships while David Blayney KC has experience in company and corporate partnerships, having been instructed by the administrators of Lehman Brothers in proceedings involving estoppel, agency and mitigation in Re Lehman Brothers International Europe. Jennifer Haywood sits as an arbitrator and mediator for partnership and LLP disputes.
Silks:
Philip Jones KC: Ranked: Tier 1
John Machell KC: "He is incredibly knowledgeable in LLP issues, very forensic and also very commercial in his approach. He is willing to roll the sleeves up in a dispute or in drafting. An absolutely trusted counsel." - Ranked: Tier 1
David Blayney KC: "David is one of the brightest minds at the Bar. He has excellent strategic judgement and is a real team player – he is an absolute pleasure to work with." - Ranked: Tier 3
Jonathan Adkin KC: "Jonathan has the innate ability to digest complex issues and instantly provide clearly reasoned arguments and pragmatic solutions. His skill in doing so makes what once seemed a difficult problem appear easy to deal with. His advocacy is very clear and measured, whilst also forming a strong rapport with the judge and those instructing him."- Ranked: Tier 2
Juniors:
Jennifer Haywood: Ranked: Tier 1
Thomas Braithwaite: "An excellent advocate with the ear of the court who approaches things in a straightforward, matter-of-fact way. Good with clients as he is firm in expressing his opinions, but also down-to-earth and has a good sense of humour." - Ranked: Tier 2
James Mather: ‘James provides very clear, concise advice with a nod to the practical effect of the advice.’ - Ranked: Tier 2
Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch):
In Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch), Will Henderson acted for the Attorney General. This involved ‘The National Fund’ which was settled with £500,000 of cash and securities in 1928 on trust to accumulate income and profits until the date fixed by the trustee as being the date when, either alone or together with other funds then available for the purpose, the fund was sufficient to discharge the National Debt. The fund was then to be transferred to the National Debt Commissioners to be applied by them in reduction of the National Debt. The Fund is now worth about £0.5 billion. Zacaroli J held that there was a valid charitable trust and that the court had jurisdiction to order a cy-pres scheme. He adjourned the question of what (if any) scheme to order.
Please click here to view the judgment.
Loveridge v Loveridge [2020] EWCA Civ 1104:
Lance Ashworth QC and Dan McCourt Fritz acted for the successful Appellants in Loveridge v. Loveridge [2020] EWCA Civ 1104 overturning injunctions in an unfair prejudice petition and in partnership proceedings which had granted the running of the companies and partnerships to a minority shareholder and partner. The Court of Appeal effectively put the majority back in charge. Both the petition and the partnership proceedings continue and will come on for trial in 2022.
Please click here to view the article discussing the judgment, and here for the judgment.
Grupo Mexico SAB DE CV & Ors v The Registrar Of Companies For England And Wales & Ors [2018] EWHC 1306 (Ch):
Please click here to view the judgment.
Lady Moon v Petricca:
James Mather acted for the respondent fund management company in Lady Moon v Petricca, in which an SPV of the American private equity firm Cerberus sought to wind up a substantial Italian investment fund. This was the first claim of its kind in which an allegedly insolvent foreign fund was sought to be wound up in the English Court on the basis that it is analogous to an English trust. Petricca successfully disputed the English Court's jurisdiction to hear the claim.
Re Infund LLP:
In Re Infund LLP, John Machell QC and Dan McCourt Fritz act for the appellants in respect of a claim brought by Grupo Mexico seeking to avoid the restoration of an LLP to the Register of Companies. The case will be heard by the Supreme Court in October 2021 and concerns the proper construction and effect of section 1096 of the Companies Act 2006.
Schillings International LLP v Scott [2019] EWHC 1335 (Ch):
James Mather, instructed by Cooke, Young & Keidan’s Sinead O’Callaghan, successfully obtained the dismissal of an injunction application brought by Schillings against a former partner of the firm and an indemnity costs order against Schillings, which was ordered to pay the full amount of the respondent’s costs on summary assessment. The Judge held that the application was in breach of a binding arbitration clause and reaffirmed the principle that costs will be awarded on the indemnity basis against a party who brings court proceedings in breach of an arbitration agreement. Schillings was represented by Jeremy Callman, instructed by Fox Williams.
Backos v (1) WFW Global LLP (2) Watson Farley & Williams (New York) LLP [2019] EWHC 243 (Ch):
Campbell v Campbell [2018] EWCA Civ 80:
John Machell QC appeared in the Court of Appeal in the long running Campbell v Campbell [2018] EWCA Civ 80 partnership litigation on a point as to whether a litgant in person could recover the costs of an overseas lawyer.
Please click here for judgment.
Krys & Ors v KBC Partners LP & Ors [2015] UKPC 46:
Please click here to view the judgment.
SerleShare:
'The Blame Game: Secretary of State v Geoghegan and others' article by Thomas Braithwaite
'Loveridge v Loveridge [2020] EWCA Civ 1104' article by Lance Ashworth QC & Dan McCourt Fritz
Legal Week:
'Partnerships in Crisis: How to Survive' article by Jennifer Haywood
Hedge Fund Journal:
'Covid-19 And UK Partnership Models' article by James Mather
Business Money:
'Virus might eject partners from partnership model' article by James Mather
Law Society Gazette:
'LLPs facing post-Covid-19 ‘bloodbath’' article by James Mather
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
A Standout Year in the Chambers UK Bar 2025 Guide
We are delighted to announce that Serle Court has been recognised for another outstanding year in the Chambers UK Bar 2025... Read More
"a standout partnership set," noted for both its "flexibility of approach and the strength in depth of its team"
Welcome to SerleShare
SerleShare is an up-to-date digital marketing initiative that came to life in July 2020 when our Business Development and... Read More
A Standout Year in the Chambers UK Bar 2025 Guide
We are delighted to announce that Serle Court has been recognised for another outstanding year in the Chambers UK Bar 2025... Read More
