The Sheffield United case (above) is also of interest as claims against two individual LLP members were dismissed as there was no evidence that either had assumed personal responsibility; Williams v Natural Health Foods [1998] UKHL 17 applied. So far as we are aware, this is the first time the case has been applied to an LLP member, though its application seems to have been common ground between the parties.
We are often asked to advise on large firms’ terms of business and this is an issue which always attracts attention. Note our article A case of over-zealous prosecution: Solicitors fined for limiting liability in line with SRA guidance on a decision of the Solicitors Disciplinary Tribunal; we reported further on this in our January 2022 Risk Update.
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