• Part 11: Part 11: Application to the Tribunal

    • Article 90 - Orders for compensation

      (1) Where a person intentionally, recklessly or negligently commits a breach of any requirement, duty, prohibition, responsibility or obligation which is imposed by or under these Regulations or any other Regulations conferring functions on the CRO, the person is liable to compensate any other person for any loss or damage caused to that other person as a result of such conduct, and is otherwise liable to restore the person to the position they were in prior to such conduct.
      (2) Where a person suffers loss or damage caused as a result of conduct described in Article 90(1), the Tribunal may on application brought by the person, make orders for the recovery of damages or for compensation or for the recovery of Property or any other order as the Tribunal sees fit, except where such liability is excluded under these Regulations or any other Regulations conferring functions on the CRO.
      (3) Nothing in this Article 90 affects the powers that any person or the Tribunal may have apart from this Article 90.

    • Article 91 - Minority member protection: unfair prejudice

      (1) A Partner of a Partnership may apply to the Tribunal on the ground that the Partnership's affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of some of the Partners (including at least himself) or that any actual or proposed act or omission by the Partnership (including an act or omission on its behalf) is or would be so prejudicial.
      (2) Pursuant to such application, the Tribunal may make an order to:
      (A) require the Partnership to refrain from doing or continuing an act complained of by the applicant or to do an act which the applicant has complained it has omitted to do;
      (B) provide for the transfer of the Partner's interest in the Partnership;
      (C) authorise proceedings to be brought in the Name and on behalf of the Partnership by such person or persons and on such terms as the Tribunal may direct;
      (D) regulate the conduct of the Partnership's affairs in the future; or
      (E) or make such other order as the Tribunal thinks fit.
      (3) If an order under this Article 91 requires the Partnership or its Partners not to make any, or any specified, alterations to the Partnership Agreement, the Partnership or its Partners shall not then without leave of the Tribunal make any such alteration.
      (4) An alteration in the Partnership Agreement made by virtue of an order under this Article 91 is of the same effect as if duly made by the Partners of the Partnership, and the provisions of these Regulations apply to the Partnership Agreement as so altered accordingly.
      (5) Nothing in this Article 91 affects the powers that any person or the Tribunal may have apart from this Article 91.

    • Article 92 - Order for benefit of former Partner

      (1) The Tribunal may make an order under this Article if:
      (A) an application is made to it by a former Partner, or other person interested in the winding up, who claims that the Partnership Business or affairs are being conducted, or wound up, in a way that is prejudicial to his interests, and
      (B) it is satisfied that it is just and equitable to make the order.
      (2) The order may make such provision as the Tribunal thinks fit for giving relief in respect of the claim and may, in particular:
      (A) require accounts to be drawn up to establish the former Partner's rights under the relevant provisions in the Partnership Agreement;
      (B) require interim payments to be made to the former Partner in respect of such rights;
      (C) require security to be provided in respect of such rights;
      (D) break up the Partnership;
      (E) if the Partnership has al broken up, give directions as to the way in which it is to be wound up.
      (3) An order under this Article breaking up a Partnership:
      (A) must specify the date on which the Partnership breaks up,
      (B) may include such directions as the Tribunal thinks fit for giving effect to the order.