The joint administrators of Halliwells are considering taking legal action against the failed firm’s former equity partners.
BDO administrators Dermot Power and Shay Bannon have told creditors to the LLP that they are “likely” to bring proceedings in respect of “claims for repayment of overdrawn drawings, claims for unpaid capital contributions [and] claims for breach of duty and breaches of the Limited Liability Partnership Agreement”.
The administrators have said that the nature of the claims will depend on “the position of the individual member, whether they remained a member at the date of the administration, their involvement in the running of the business and their knowledge of the financial position”.
The question of knowledge of the financial position in particular is a moot point, given that some former members, including those who held senior positions, have argued that they were kept in the dark on the true financial situation and that only a small clique around management were privy to the facts.
However, ex-managing partner Ian Austin has denied this, saying that “we all bear responsibility” for the firm’s collapse (2 August 2010).
A former fixed share member who is among a group of partners looking to sue the ex-equity partners (4 October 2010) said that the revelation from the administrators was irrelevant to their own position.
“I don’t think it’s got any relevance to our position,” the former partner commented, adding that the group is still considering legal action, but that it would be a few months before any claim progressed.
“We’re still waiting to get confirmation from the HMRC on what our terminal loss is. That will be at the end of January,” they explained.
Meanwhile, further mediation is expected this month concerning a claim issued by Himor Group, the landlord of Halliwells’ former building in Manchester’s Brown Street, against former equity partners over rent liabilities.
Readers' comments (21)
Anonymous | 1-Nov-2010 3:21 pm
Well, I didn't see that one coming!!!!!!
How many more will be lining up to take a shot?
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I love the smell of napalm in the morning | 1-Nov-2010 4:36 pm
only a matter of time before the carpet bombing commenced
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Ashley Balls | 1-Nov-2010 8:05 pm
It beggars belief that in 2010 partners capital accounts can be in deficit and that drawings accounts are in overdraft. Thankfully the rules concerning joint and several liability provide a clear path to those seeking to sort these allegations out. It doesn't exactly inspire confidence to learn that the accounts of a major law firm may have been treated as a child's piggy bank. Keep digging.
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we all bear responsibility | 1-Nov-2010 9:23 pm
Erm not quite. Those who took the reverse premium, trousered the HLI money, put other business interests ahead of the LLP's interests, misled HMRC, the partners and the staff bear responsibility here. Ian take a bow, you made a complete mess of it and now you are going to have to take your medicine.
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Halloweens LLP | 2-Nov-2010 4:26 pm
Isn't this like the captain of the Titanic saying that the passengers are also to blame for the ship's sinking...... and the stevedors, porters and the ship's cat and ship's cat's brother's travel advisors and that nasty polar bear sat high up on the fateful iceberg? Budge over, make room at the trough!
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Anonymous | 2-Nov-2010 4:47 pm
As we are now seeing, the whole affair and downfall reflects the sheer greed of a few at the expense of the majority, coupled with their complete incompetence at running a business and their arrogance. I hope that the Administrators take early steps to recover as much as they can from these corrupt individuals who should be dishonourably discharged by the SRA for gross misconduct, not being fit for purpose and bringing the profession into disrepute. The equity partners of Lees Lloyd Whitley similarly.
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Greedy and Stupid | 2-Nov-2010 9:15 pm
How on earth do the junior lawyers who are working with the ex Halliwells partners who took the reverse premium money trust them or have any respect for them? At least 2 of the firms who came in to offer homes to the discredited equity partners set up sub LLP's which suggests they are non too sure about these people either. Why would anybody want to continue working for a group of people who didn't give them a second thought when they were greedily asset stripping Halliwells? I expect there will be quite a few leavers once the market turns.
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Trigger | 3-Nov-2010 9:17 am
@Anonymous 4:47: "As we are now seeing, the whole affair and downfall reflects the sheer greed of a few at the expense of the majority"
Isn't this Western life?
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Anonymous | 3-Nov-2010 10:55 am
@Greedy and Stupid 9.15pm: indeed. I wonder also to what extent the FSMs trust the former Halliwells equity partners....
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Anonymous | 3-Nov-2010 11:14 am
I agree the SRA will have to get involved - will they have any choice but to discharge the worst culprits? How could anybody trust them again after this? It has brought the profession into disrepute as others have said and has obviously made a huge impression on creditors and regulators alike.
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