KNOWLEDGE

Commercial Litigation Scotland: Partnership Disputes

Morton Fraser Partner & Solicitor Advocate Richard McMeeken
Author
Richard McMeeken
Partner & Solicitor Advocate
PUBLISHED:
17 January 2017
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Article

Our commercial litigation team has extensive experience in advising on and litigating partnership disputes. These disputes are often very emotive as between the parties involved and it helps to have a dispassionate representative on your side to steer you through the difficult issues involved.

Where there is a formal written partnership agreement the dispute can be about the terms of the agreement and how it should be interpreted. Where there is no written agreement our advice will be on the statutory provisions of the Partnership Act 1890 and its impact on the rights of the parties involved - an impact that can often be very significant and unexpected.

Resolving deadlock in partnerships is another area in which we regularly advise. Informal or formal mediation between the partners, when conducted by experienced professionals can often result in any dispute being resolved without litigation.

When litigation is necessary it is often about the respective partners financial entitlements on the split up of the partnership. The sort of action which is required in that situation is an action of accounting (count, reckoning and payment as some lawyers call it) and our commercial team has worked closely with forensic accountants in both the Court of Session and Sheriff Courts in getting our clients what they are due.

When partners fall out or a partnership dissolves or stops functioning it is important that legal advice is sought at an early stage in order to avoid it escalating and in order to ensure that the rights of the parties involved are safeguarded to the fullest possible extent. Our commercial litigation team is happy to help and looks forward to hearing from you.

Disclaimer

The content of this webpage is for information only and is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers.  Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority.