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Cobbetts set for court date in dispute with ex-partner

Author: claire.ruckin@legalweek.com

Published: 10/01/2008 02:20

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Cobbetts is attempting to take a former partner to court for breach of obligations under its partnership deed.

The firm alleges that the former partner, Mark Hodge, abused a client-partner relationship. A claim form was filed in London’s High Court late last year (9 November).

The case is a legacy issue for Cobbetts as Hodge was a member of Birmingham practice Lee Crowder, which merged with Cobbetts in 2004.

Hodge advised Envirotreat between 2000 and 2002 and the firm argues he helped broker an investment in the company on the condition that he received a stake in the business.

In addition, he secured a consultancy role for Envirotreat at £1,500 a month after he left the law firm in 2002.

In the claim form, Cobbetts alleges that Hodge “allowed his own self-interests to take precedence over his duties to Lee Crowder” and “took personal advantage of an opportunity which came to him”.

The firm is now seeking a declaration from Hodge that he holds the shares and a request that he transfer them to the firm as well as an account of the money he received from holding the 71,800 shares and the consultancy position, interest and costs.

Hodge argues that he acted in good faith and that restrictions placed on him were different as he was an “employed partner” rather than a “partner”.

Hodge, who served a defence at the end of last year (18 December), instructed Birmingham’s Anthony Collins Solicitors while St Philips Chambers’ David Worster is instructed as counsel.

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