Hilton v D IV LLP & Ors

Hilton v D IV LLP & Ors

The claimants are entitled to inspect the documents to the extent they are books and records of the LLPs under clauses 12 and 13 of the partnership deeds, interpreted in light of the functional test from Inversiones and the default position under Reg. 7(7) of the Regulations. The application for Norwich Pharmacal relief fails because the solicitors were not sufficiently mixed up in the alleged wrongdoing and alternative remedies exist.

Parties
Claimant: Mike Hilton; Claimant: Philip Stephen Bradley; Claimant: Roger Humber; Claimant: Michael Ward; Defendant: D IV LLP; Defendant: D III LLP; Defendant: The Film Development Partnership LLP; Defendant: FDP LLP; Defendant: Bird & Bird LLP
Jurisdiction
England and Wales
Judgment Date
12 January 2015
Procedural Posture
Civil (part 8 Claim) / Judgment
Outcome
Partially allowed
Legal Topics
Limited Liability Partnerships, Inspection of Books and Records, Norwich Pharmacal Relief, Contractual Interpretation
Company Law Partnership Law Limited Liability Partnerships Inspection of Books and Records Norwich Pharmacal Relief Contractual Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mike Hilton

Claimant

Philip Stephen Bradley

Claimant

Roger Humber

Claimant

Michael Ward

Claimant

D IV LLP

Defendant

D III LLP

Defendant

The Film Development Partnership LLP

Defendant

FDP LLP

Defendant

Bird & Bird LLP

Defendant

Procedural Posture

Civil (part 8 Claim) / Judgment

Legal Issues

  1. 1 Whether claimants are entitled to inspect and copy documents held by former solicitors of LLPs under the partnership deeds or the Limited Liability Partnership Regulations 2001
  2. 2 Whether Norwich Pharmacal relief should be granted against the solicitors

Ratio Decidendi

The claimants are entitled to inspect the documents to the extent they are books and records of the LLPs under clauses 12 and 13 of the partnership deeds, interpreted in light of the functional test from Inversiones and the default position under Reg. 7(7) of the Regulations. The application for Norwich Pharmacal relief fails because the solicitors were not sufficiently mixed up in the alleged wrongdoing and alternative remedies exist.

Court Disposition

Partially allowed

Orders

  • Claimants are entitled to inspect the documents to the extent they are books and records of the LLPs under clauses 12 and 13 of the partnership deeds.
  • Application for Norwich Pharmacal relief against Bird & Bird LLP is refused.