Are partners really self employed?
2 October 2018
I lead the dispute resolution and commercial litigation team and employment team at Gannons. Our clients come to us to resolve their business disputes, whether they are complex or quite straightforward. Our focus is on achieving the best and most commercial result for our client. We will always seek to resolve disputes by negotiation or other dispute resolution methods, such as mediation, before resorting to court action. Sometimes court action is inevitable, either because it is the best course for our client or because another person sues our client. We will then conduct the litigation in a strategic way, never losing sight of the client’s goals and a cost/benefit analysis. Most cases settle before getting to a trial.
Brasenose College, Oxford
Association of Partnership Practitioners
International Bar Association
The areas of work the commercial litigation and dispute team undertakes includes but is not limited to:
We resolve a great number of shareholder and partnership disputes. We never lose site of the fact that personal relationships are critical to the resolution of these disputes, especially where a family company is involved. We are well versed in the practical issues which arise such as a lack of paperwork and know how to get around such problems. We analyse the strength of the case, evaluate the available evidence and calculate how to deal with the issues effectively. There is often an overlap on tax and valuation of interests in businesses and we co-ordinate advice so that all issues are dealt with and key factors do not fall through the cracks.
We work for directors, executives and employers on high value claims. The team handles cases in the Employment Tribunal, county court and higher courts. We take cases through all the stages from the disciplinary hearing, dismissal through to issuing a claim. We have experience in running breach of contract claims often revolving around bonus payments. Another area of expertise relates to bringing and defending team moves – we apply for and defend applications to court for injunctions.
We can advise on breach of any type of commercial contract and quantify the likely damages payable as a result of breach. We deal with clients who want to terminate a contract early. The sectors we have been involved with are diverse. My approach is that it is the strategy for dealing with the contract and the allegations which is often of more importance than detailed knowledge of the particular sector.
We always have an eye for settlement and how that can be achieved. Mediation is popular for all types of disputes. We prepare cases for mediation and select and present the evidence to put you in the best position for a good outcome. We advise on the full range of alternatives to litigation including undertakings to court.
I like solving problems for clients. The quicker and more elegantly this can be done the better – some of my favourite cases have been ones which were resolved with just one letter.