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Jason Evans-Tovey successful in professional indemnity market joint venture and quasi-partnership dispute

Jason Evans-Tovey successful in professional indemnity market joint venture and quasi-partnership dispute.

A solicitor and a claims handler set up a joint enterprise in the form of a claims handling company (in which both were shareholders) and a solicitor’s practice (in which both were entitled to a share of the firm’s profits). After the solicitor’s practice had secured appointment to a panel for a solicitors’ professional indemnity scheme, the solicitor gave notice seeking to terminate the fee sharing arrangement. The judge held at the first trial that although the joint enterprise was terminable at will, an orderly separation of the parties respective interests was necessary with the result that the solicitor would have to transfer his shares in the company for their value with the claims handler being entitled to the value of his interest in the profits of the firm as if it had been sold, the judge finding at a second trial on expert accountancy evidence his interest to be worth £200,000.

Haylett v Cayton & anor [2013] EWHC 1481 (Comm) and [2015] EWHC 1951 (Comm).

Jason Evans-Tovey (instructed by Muckles) appeared for the claims handler. William Flenley QC and Francis Bacon (instructed by DWF) appeared for the solicitor.



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