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Forfeiture of fiduciary's remuneration applies to partner's profit share (Hosking v Marathon)

Forfeiture of fiduciary's remuneration applies to partner's profit share (Hosking v Marathon)
Published on: 06 October 2016
Published by: LexisPSL
  • Forfeiture of fiduciary's remuneration applies to partner's profit share (Hosking v Marathon)
  • Original news
  • What are the practical implications of this case?
  • How did the issue of forfeiture of a partner's profit share arise in this case?
  • What is the forfeiture principle?
  • What was the basis of the argument that the forfeiture principle should not apply to profit shares in a partnership?
  • What factors did the judge take into consideration?
  • How did the judge arrive at his decision that profit share in a partnership can be subject to forfeiture?
  • Case details

Article summary

Dispute Resolution analysis: Mr Justice Newey has held that the profit share of a partner or a limited liability partnership (LLP) member can potentially be subject to forfeiture where the partner or member has breached their fiduciary duties to the partnership. or take a trial to read the full analysis.

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