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Agricultural and Agri-business Solicitors in Carlisle, Cumbria & Northumberland
Very few UK practices are leaders in agricultural law and none in the north of England can guide you through it better than us.
Cartmell Shepherd has worked with farmers and landowners for generations, so you can approach us with complete confidence about any matter affecting your agribusiness. From invaluable advice on tenancy succession to the registration and sale of sporting and mineral rights, or issues relating to renewable energy schemes, we’ve advised clients with countryside interests on all manner of issues. Heading up this department, Jonathan Carroll has a wealth of sector experience, having spent over two decades serving the needs of our rural customers and communities.
Our Agricultural Law Expertise
- Farm-related property sales and purchases
- Partnership matters and disputes
- Landlord and tenant law, including specialist contentious matters before the Agricultural Land Tribunal and arbitrations
- Commons law, including the establishment of Commons Associations
- Wind, solar, hydroelectric and other renewable schemes
- Stewardship Scheme and other grant schemes
- Sporting, fishing and mineral rights
- Equestrian matters, including livery and land use issues
- Compulsory purchases
- Complex agricultural wills and succession planning
- Development sales and option agreements
- Agribusiness
FAQs
What is a partnership?
A partnership is a business structure where two or more individuals share ownership, responsibilities, and profits. It’s governed by the Partnership Act 1890 unless a written agreement states otherwise.
Do I need a written partnership agreement?
Yes. Without one, your partnership defaults to the rules in the Partnership Act 1890, which may not reflect your intentions or protect your interests.
What does a partnership agreement cover?
It sets out how profits are shared, decision-making processes, responsibilities, dispute resolution, exit strategies, and what happens if a partner dies or retires.
What happens if we don’t have a written agreement?
You risk disputes over profit shares, unclear roles, and automatic dissolution if a partner leaves or dies. The law assumes equal shares and unanimous decision-making, which may not suit your business.
Can a partnership exist without a formal agreement?
Yes, but it’s risky. Verbal agreements or informal arrangements offer little protection if things go wrong.
Is a partnership the same as a limited company?
No. A partnership has no separate legal identity and partners are personally liable for debts. A limited company is a separate legal entity with limited liability.
Are partners personally liable for business debts?
Yes. Each partner is jointly and severally liable, meaning creditors can pursue any partner for the full amount owed.
Can one partner bind the others legally?
Yes. Under the Partnership Act, any partner can bind the firm in contracts made in the ordinary course of business—unless restricted by a written agreement.
What if a partner wants to leave the business?
Without a written agreement, the partnership may automatically dissolve. A formal agreement can set out exit terms and protect the business continuity.
How are profits and losses shared?
In the absence of an agreement, profits and losses are shared equally, regardless of capital contribution or workload.
What happens if a partner dies?
Without an agreement, the partnership may dissolve automatically, leading banks to withdraw finance. A written agreement can provide for succession or continuation.
Can a partner be removed from the business?
Only if the agreement allows it. Otherwise, removing a partner may require dissolving the partnership.
Is a partnership agreement legally binding?
Yes. Once signed, it’s a contract enforceable in law.
Do we need a solicitor to draft the agreement?
Strongly recommended. A solicitor ensures the agreement is tailored to your business and legally sound.
Can we use a template for our partnership agreement?
Templates may be a starting point, but they rarely cover specific needs or risks. Legal advice is essential.
What are common disputes in partnerships?
Profit sharing, decision-making, workload imbalance, and exit terms are frequent sources of conflict—especially without a written agreement.
Can a partnership be registered?
There’s no formal registration required, but HMRC must be notified for tax purposes. A written agreement is separate from registration.
Is a partnership suitable for all businesses?
Not always. It suits small businesses with trust between partners. Larger or riskier ventures may benefit from a limited company structure. Often tax advice from an accountant is needed.
How can a solicitor help with partnership issues?
We can draft or review your agreement, advise on disputes, and help restructure or dissolve the partnership if needed.
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