Position of partnership members on insolvency

Copyright © 2025 LexisNexis
Produced in partnership with Natasha Dzameh of St John's Chambers
Practice notes

Position of partnership members on insolvency

Copyright © 2025 LexisNexis

Produced in partnership with Natasha Dzameh of St John's Chambers

Practice notes
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Applicable legislation

Under the Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421, as amended, the IR 2016, SI 2016/1024 'as from time to time in force' apply to insolvent partnerships with such modifications as the context requires to give effect to the provisions of IA 1986 and the Company Directors Disqualification Act 1986 (IPO 1994, SI 1994/2421, Art 18 and Sch 10) (see Practice Note: Partnerships and the disqualification regime).

Prior to 8 December 2017 (and subject to the transitional and savings provisions in the Insolvency (Miscellaneous Amendments) Regulations 2017), the IPO 1994 provided that the IR 1986, SI 1986/1925 ‘as from time to time in force’ applied to insolvent partnerships. This wording suggests that, subject to what is stated below, the extensive amendments to IR 1986 effected by the Insolvency (Amendment) Rules 2010 with effect from 6 April 2010, applied to insolvent partnerships.

In the event of conflict between IR 2016 and IPO 1994, the IPO 1994 prevails (IPO 1994, SI 1994/2421, Art 18(2)). The IPO 1994 also prevailed in the event of

Natasha Dzameh
Natasha Dzameh chambers

Barrister & Mediator, St John's Chambers

Natasha is a specialist commercial and chancery barrister who is consistently ranked as a leading junior in Chambers UK and Legal 500. She has been described as someone who has “a good way with clients” as well as being “an assertive and tenacious advocate”, “very responsive, extremely thorough, pragmatic and easy to work with as part of the team”, “approachable” and “extremely intelligent, with an eye for practical and innovative solutions”.
 
Natasha is often instructed as sole counsel in high value, multifaceted litigation. She has experience of acting as junior to senior counsel on particularly complex matters and working in teams of counsel on large scale, high value, document-heavy government disputes. Her clients range from individuals to major financial institutions and international companies including high street brands.
 
Natasha’s main areas of expertise are:
 
  • Commercial disputes – agricultural, banking and financial (including mis-selling and guarantees), classic cars, construction, equine, hire, insurance, IT and NHS contracts, restoration of historic documents, yachts and superyachts etc.
  • Insolvency – corporate and personal (including partnerships and insolvent estates)
  • Professional Negligence
  • Property Damage and Real Estate
  • Wills, Trusts and Probate – especially will construction, constructive trust and proprietary estoppel claims, estate administration, removal of personal representatives and trustees, inheritance disputes, undue influence and will validity challenges.
 
Natasha is particularly well-placed to assist on matters involving an overlap between her specialisms and she especially enjoys dealing with injunctions.
 
Natasha is an accredited mediator and has also been published in the Trusts and Estates Law & Tax Journal several times.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Partnership definition
What does Partnership mean?

A partnership (as defined) formed under the Partnership Act 1890 (PA 1890) and governed by English law is the 'relation that subsists between two or more persons carrying on business in common with a view of profit' and is also referred to as a ‘firm’.

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