Role
Elspeth Berry is an Associate Professor at Nottingham Law School, Nottingham Trent University and is a member of the Centre for Business and Insolvency Law..
Career overview
Elspeth qualified as a solicitor in a leading commercial law firm before joining the Law School as a lecturer.
Research areas
Elspeth's research focuses on partnership and LLP law, but also includes some work on human rights law and on EU law. She recently established the Partnership, LLP and LLC Law Academic Forum to promote debate on and collaboration in these subject areas, and completed the second edition of Partnership and LLP Law. Her most recent journal articles are on 'Limited partnership law and private equity: an instance of legislative capture?' (forthcoming in the Journal of Corporate Law Studies) and 'When is a partner/LLP member not a partner/LLP member? The interface with employment and worker status' (in the Industrial Law Journal).
External activity
- Elspeth has established the Partnership, LLP and LLC Law Academic Forum to promote debate on partnership law and the law relating to other business vehicles which provide alternatives to the limited company, including LLPs and, in the US in particular, LLCs; and to develop collaboration between academics and practitioners researching and teaching in these and related areas of law. The Forum has its own website to which contributions are welcomed, at http://partnershiplawforum.org/.
- Elspeth organised the Inaugural Conference of the Forum in April 2018 hosted at NTU, bringing together speakers and delegates from the UK and overseas including leading academics, barristers, solicitors and tax advisers. A report of the Conference can be found here.
- Elspeth gave both oral and written evidence to the Parliamentary Select Committee on Regulatory Reform, on her concerns about the draft legislation introducing private fund limited partnerships (PFLPS) arising from her previously published research in this area (see Publications, below). The oral evidence session can be viewed on the parliament live website.
- Member of the Association of Partnership Practitioners (APP) and contributor to its legal updates. Follow the link to read Elspeth's latest APP publications.
- Member of the Law Society.
- Member of, and constituency representative for, the Society of Legal Scholars.
- Visiting professor at the University of Padua, delivering guest lectures on UK partnership structures and on the implications of Brexit.
Sponsors and collaborators
- Elspeth is currently co-authoring a practitioner handbook on partnership and LLP law with Jeremy Callman, Ten Old Square Chambers and Jos Moule, Veale Wasbrough Vizards Solicitors.
- Elspeth contributes the legal updates for the Association of Partnership Practitioners (APP). Follow the link to read Elspeth's latest APP publications.
Publications
Partnership and LLP law
Limited partnership law and private equity: an instance of legislative capture? (2018) JCLS, forthcoming
Partnership and LLP Law (2nd edn, Wildy, Simmonds and Hill 2018)
When Is a Partner/LLP Member Not a Partner/LLP Member? The Interface with Employment and Worker Status (2017) 46(3) Ind LJ 309-334
The Law of Insolvent Partnerships and Limited Liability Partnerships (2015) Wildy, Simmonds and Hill (co-author)
Partnership and LLP Law (2010), Wildy, Simmonds and Hill
‘Partnership options in the UK: good things come in threes’ in Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations (2015) Edward Elgar
‘The criminal liability of partnerships and partners: increasing the divergence between English and Scottish partnership law?’ (2014) 7 JBL 585-607
‘Limited partnership law in the US and the UK: teaching an old dog new tricks?’ (2013) 2 JBL 160-185
‘Death by a thousand cuts or storm in a teacup?: the reform of limited partnership law’ (2011) 6 JBL 578-596
‘Limited partners behaving badly: insolvency procedures and other options for general partners when limited partners default’ (2009) BJIBFL 600-604
‘The Partnership Bill 2003: unnecessary tinkering or much-needed reform?’ (2005) JBL 70-90
‘The Partnership Bill: under starter’s orders’ (2004) 25(2) Comp. Law 41-48
‘Limited Partnerships: limited reforms?’ (2003) JBL 435-448
‘MDPs: a cause for concern or celebration?’ (2001) 8(2) IJLP 125-150
‘Partnerships in the Twenty-first Century’ (2001) JBL 357-376
‘Partnerships and the Problem of Unlimited Liability’ (2000) 2 CLLRev 73-91
Human Rights
‘The Zone of Interaction Between Partnerships, LLPs and Human Rights in United Kingdom Law’ (2011) 11(3) HRLR 503-526
‘The deportation of “virtual nationals”: the impact of the ECHR and EU law’ (2009) 23(1) JIANL 11-23
‘The Extraterritorial Reach of the ECHR’ (2006) 4 EPL 629-655
‘The EU and Human Rights: Never the Twain Shall Meet?’ in Global Governance and the Search for Justice: Vol 4 (2004) Hart Publishing
EU law
Complete EU law: Text, Cases and Materials 3rd edn (2017) OUP (co-author)
‘Access to Justice in the Community Courts: A Limited Right?’ (2005) 24 CJQ 224-245 (co-author)
‘Community law and Uninsured or Untraced Drivers: Who is the Real Victim?’ (2002) 8(2) EPL 277-298
Legal education
Group Work and Assessment - Benefit or Burden? (2007) 41(1) Law Teach. 19-36
Recent conference papers
‘When is a partner/LLP member not a partner/LLP member? The interface with employment status’, paper given at the SLS Annual Conference 2015, University of York
‘LLP members and employment status: having their cake and eating it?’, paper given at a symposium on
‘Corporate Lawyers and Corporate Clients’ at the University of Birmingham, June 2015
‘The three tortoises and the hare: partnership alternatives to the company’, poster presentation at the SLS Annual Conference 2014, University of Nottingham.
Press expertise
Elspeth can offer comment on partnership and LLP law; human rights law; and EU law.