The Law of Limited Liability Partnerships, Fifth Edition

The fifth edition of The Law of Limited Liability Partnerships will be published on Monday, 28th June. Editors of the book include Serle Court's John Machell QC and John Whittaker.

The book is an indispensable guide to those who advise on the legal and taxation aspects of incorporating and running an LLP. It combines concise description, practical guidance, and penetrating analysis of problem areas.

It also offers an international perspective through a comparative analysis of the UK LLP structure and those being enacted overseas in Canada, Dubai, India, Japan, Qatar, Singapore, the USA and other jurisdictions.

Comprehensively setting out the law of LLPs in England and Wales, the Fifth Edition includes coverage and analysis of:

Newey J’s decision in Hosking v Marathon Asset Management LLP [2017] on the application of the fiduciary forfeiture rule to LLP profit sharing
the Court of Appeal decision in Grupo Mexico de CV v Registrar of Companies [2019] on rectifying the companies and LLP registers
recognition of the limited liability of foreign LLPs in the light of the Privy Council decision in Investec Trust (Guernsey) Limited v Glenella Properties Limited [2018]
ICC Jones’s decision in McTear v Eade [2019] in relation to provability of debts owed to members and insolvency setoff
decisions on section 214A of the Insolvency Act 1986
further development of the law on repudiation of LLP agreements
the continuing development of the law on discretionary decision making in the light of the Supreme Court decision in BP Shipping v Braganza [2015] and on duties owed by LLP members
decisions on derivative claims in Harris v Microfusion 2003-2 LLP [2016] and Kallakis v AIB Group PLC [2020]
administration orders in Patley Wood Farm LLP v Brake [2016]

Specialist contributors have written chapters on: Financial Services Regulation and LLPs; Taxation of LLPs; Members and Discrimination; and Whistleblower Protection.

To download the preface of the book, please click here.

Related Barristers

John Machell KC has a broad commercial chancery practice, with particular experience in large-scale litigation involving trusts, fiduciary/director duties, and fraud, particularly with an international dimension.

John is regarded as one of the leading partnership and LLP silks and has experience of a wide range of both contentious and non-contentious matters across the whole range of business sectors. A large part of his work involves issues arising from the use of partnerships and LLPs in hedge fund and private equity structures; in international commercial group structures; and as part of wealth planning strategies.

A substantial part of John’s practice is offshore, and he has appeared in the courts of Grand Cayman, the British Virgin Islands, and Bermuda on several occasions in recent years.