Tue 17 Jan 2017

Commercial Litigation Scotland: Partnership Disputes

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.

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