Reinhard v Ondra LLP & Ors

Reinhard v Ondra LLP & Ors

The Contract is to be construed as creating a membership relationship, not an employment relationship, with Mr Reinhard admitted as a member on the terms of the April Draft. The language of employment in the Contract must give way to the substance of the rights and obligations overall. The earliest valid Exit Notice terminating Mr Reinhard’s membership was served on 15 January 2015. Mr Reinhard’s claim in misrepresentation fails because the reasonable and objective person would have understood the April Draft governed the membership terms, correcting any prior representation.

Parties
Claimant: Hans Henning Reinhard; Defendant: Ondra LLP; Defendant: Michael Alexander Tory; Defendant: Benoit D’Angelin
Jurisdiction
England and Wales
Judgment Date
30 June 2015
Procedural Posture
Civil / Supplemental Judgment Following Main Judgment and Further Argument
Outcome
Membership construction preferred; misrepresentation claim dismissed.
Legal Topics
Construction of Contract, Employment Vs Membership Status, Misrepresentation, Termination of Membership, Exit Notices
Contract Law Employment Law Partnership Law Construction of Contract Employment Vs Membership Status Misrepresentation Termination of Membership Exit Notices

Case Brief

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Parties

Hans Henning Reinhard

Claimant

Ondra LLP

Defendant

Michael Alexander Tory

Defendant

Benoit D’Angelin

Defendant

Procedural Posture

Civil / Supplemental Judgment Following Main Judgment and Further Argument

Legal Issues

  1. 1 Whether the Contract resulted in Mr Reinhard becoming an employee or a member of Ondra LLP
  2. 2 Whether Mr Reinhard’s claim based on misrepresentation succeeds
  3. 3 Validity and effect of Exit Notices served by Ondra LLP

Ratio Decidendi

The Contract is to be construed as creating a membership relationship, not an employment relationship, with Mr Reinhard admitted as a member on the terms of the April Draft. The language of employment in the Contract must give way to the substance of the rights and obligations overall. The earliest valid Exit Notice terminating Mr Reinhard’s membership was served on 15 January 2015. Mr Reinhard’s claim in misrepresentation fails because the reasonable and objective person would have understood the April Draft governed the membership terms, correcting any prior representation.

Court Disposition

Membership construction preferred; misrepresentation claim dismissed.

Orders

  • The earliest valid Exit Notice is the Notice dated 15 January 2015.
  • Mr Reinhard’s claim in misrepresentation is dismissed.