header-logo header-logo

01 February 2018
Issue: 7779 / Categories: Legal News
printer mail-detail

LLP whistleblowing claim

Wilsons Solicitors have lost the latest stage of their legal fight to stop a former managing partner bringing a whistleblower claim.

The Court of Appeal held, in Wilsons v Roberts [2018] EWCA Civ 52, that Andrew Roberts can pursue his former firm for £3.4m in compensation.

Roberts, a member of Wilsons Solicitors LLP, was the managing partner. Following a dispute over his investigation of a complaint against the senior partner, the other members voted to remove Roberts from his post.

Roberts claimed the others had repudiated the Members’ Agreement, and that their conduct made his continued membership intolerable. The members denied this and asked him to return to work. He declined, and brought a claim for ‘compensation for detriment suffered by a worker as a result of the making of protected disclosures’, under the ‘whistleblowing’ legislation.

However, his claim was struck out on the basis it had no reasonable prospect of success due to a previous High Court decision on the doctrine of repudiatory breach in a dispute over LLP membership.

Delivering his judgment in the Court of Appeal, Lord Justice Singh said the employment tribunal judge ‘moved seamlessly from “the element of the claimant's claim that relates to the termination of his membership” to “the losses that flow from that termination”. The employment tribunal struck both of those elements of the claim out. In fact the second element did not necessarily fall along with the first’.

Mike Parker, managing partner of Wilsons Solicitors said: ‘The case is ongoing and we will continue to defend it vigorously. Mr Roberts was asked to reconsider his role as managing partner due to differences of opinion over the firm’s business plans and management styles.’

Issue: 7779 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll