Lindley & Banks on Partnership gives you comprehensive, authoritative and practical coverage of the law relating to both general and limited partnerships. This seminal text on partnerships, first published in 1860, reflects the current editor’s wide practical experience in this area of law and gives you detailed commentary on all aspects of the life of a partnership, from its nature and formation to the usual contents of a partnership agreement and common areas of dispute, the liabilities undertaken by partners both internally and externally and, finally, to dissolution, winding up and insolvency. It also explains how partnerships are taxed. The second cumulative supplement to the twentieth edition covers all legal changes since the last edition, with reference to UK and Commonwealth authorities where relevant.
New to the 20th edition and latest supplement:
- Explores partners’ statutory and other rights to information and access to books, the potential impact of the restraint of trade doctrine on the partnership agreement whilst the partnership continues and the interplay of the courts’ jurisdiction over partnerships with its powers under TOLATA 1996.
- Considers the impact of cases such as Boghani v. Nathoo (on rights and duties under s.38 of the 1890 Act), Bates van Winkelhof v. Clyde & Co LLP (on the overlap of employment rights with partnership) and Hosking v. Marathon Asset Management LLP (on the equitable doctrine of forfeiture).
- Outlines the impact of the wide-ranging changes made to the SRA’s rules as from November 2019 (in so far as currently formulated)
- Analyses the implications of the decision in Wild v. Wild in identifying what is partnership property.
- Notes the Scottish cases of Sheveleu v. Brown regarding the application of various provisions of the 1890 Act following a dissolution and Morrison v. Aberdein Considine & Co regarding the status of salaried partners.
- Considers the nature of a partnership share in the light of the important decision of the Australian court in Rojoda Pty Ltd v Commissioner of State Revenue.
- Explains the new income tax rules on expenses incurred by partners and the changes to entrepreneurs’ relief and the treatment of UK residents and non-resident for capital gains tax.