When disputes arise in a partnership, it can be extremely distressing and costly for the partners involved and potentially crippling for the business as a whole. Alba Claims have relationships with a panel of solicitors** based in Edinburgh and Glasgow who have a wealth of experience in dealing with partnership disputes throughout Scotland. Complete our online enquiry form or contact us on 0131 550 0401.
How can Alba Claims help?
Our expert panel of solicitors** can provide clear and comprehensive advice on a wide variety of potential disputes involving partnerships such as in relation to the:
- Duties of partners – if a partner has been acting in contradiction of their duty to act in good faith or their general duties as a partner then you may be able to take action. In some situations, you may also be entitled to damages.
- Removal or expulsion of partners – if you feel that you have been wrongly or unfairly expelled or another partner is claiming that they were then there are a number of legal solutions which would allow you to get back what you are entitled to. In relation to LLPs, the company law rules of minority protection apply.
- Liability and entitlement when partners change – the default rule is that a partnership ends when a partner changes (e.g. leaves, retires, dies) unless provision has been made to the contrary in the Partnership Agreement. There are various issues which can arise in this respect, for example, claims by the estates of deceased partners for their share where the partnership continued. LLPs are also subject to the same insolvency rules as companies and there are certain ‘claw back’ provisions where previous or retired partners may be liable for the debts of an LLP when it is wound up.
- Fraudulent or negligent misrepresentation – if you have been fraudulently induced to enter into a partnership or a fellow partner has been providing negligent advice then there are possible legal solutions and you could be entitled to damages.
- Partnership property – it is not always clear whether partnership property is owned by the partnership or an individual partner, especially where many years have passed and improvements have been made. Furthermore, for the purposes of calculating the value of an outgoing partner’s share in the partnership, disputes often arise as to the value of the partnership property (e.g. current market value or accounts value).
- Dissolution of a partnership – this is the term used to describe a number of different situations in which the partnership is brought to an end. Where disputes cannot be resolved amicably or a Partnership Agreement does not make provision for it to continue on, for example, the death or retirement of an individual partner then dissolution may be the only option.
Why choose Alba Claims?
Alba Claims have developed an innovative no win, no fee* funding model which means that you will be able to pursue court actions using our panel lawyers** without worry about the legal fees incurred by pursuing your claim. We offer a confidential no obligation consultation, so get in touch today to find out how we could help.
Contact our Alba Claims team today
For a confidential chat, complete our online enquiry form or contact us on 0131 550 0401.
*Other costs could be payable.
**Claims are referred to our panel of solicitors.
“Alba Claims is an innovative way for businesses to pursue commercial claims on a no win no fee basis. Businesses are often unable to pursue claims either because the cost of litigation is too high or they consider that they can deploy their finances for a better return elsewhere. Alba Claims can help address this with their no win no fee mechanism.”
Keith Barbour, CEO, Mid & East Lothian Chamber of Commerce