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Can a claim be brought against an individual employee or member of a limited liability partnerships (LLP) that has allegedly been negligent as well as bringing a claim against the LLP?

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Published by a LexisNexis Corporate expert

Published on: 09 December 2019

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This question poses two different possible scenarios. The first is that a claim is being brought against a limited liability partnerships (LLP) in relation to a negligent act carried out by a member of the LLP. The second is that a claim is being brought against an LLP in relation to a negligent act carried out by an employee of the LLP. Each scenario is considered in turn.

Negligent acts of members

The members of an LLP are its agents. If a member acts on behalf of the LLP in the Ordinary course of business and within their Authority, they will not be liable for the LLP’s Negligence. This was a prime driver for the creation of the LLP as a new entity which enabled members to limit their personal liability in contrast to the substantial personal liability of partners of general partnerships. An LLP is a stand-alone entity, separate from its

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Jurisdiction(s):

United Kingdom

Key definition:

Ordinary course definition

What does Ordinary course mean?

Normal business operations.

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