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Tough on whistleblowers
There is truth on both sides here. Michelle's advice is prudent because (as you will well know, Ben), all too many whistleblowing cases are based on trivial disclosures which pretend to be in the public interest but are in reality purely in the claimant's private interest. To act in the best interest of an LLP on the drafting of its agreement, it is only right to draw their attention to the fact that there is a route open to avoid such claims. However, Ben is right about the potentially chilling consequences of partners - particularly junior partners - feeling unable to speak out about genuine wrongdoing of which they become aware among the more senior ranks, for fear it could be career-ending. There are two solutions - either the Supreme Court overturns the Clyde & Co decision; or we need new legislation,
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