Partnerships

Summary of recent case law relating to professional partnerships.

Nigel Lowe & Associates -v- John Mowlem Construction plc
1999 S.L.T. 1298
Business Names Act 1985 provides that partnerships to state in legible characters on inter alia all business letters the name of each partner; action for damages failing which recompense in respect of services provided; defenders pled no title to sue; terms of correspondence on paper which failed to list the partners’ names as required for a partnership letterhead.

Bennett -v- Wallace 1998 S.C. 457; 1998 S.L.T. 1165
Inclusion of “work in progress” among partnership assets at dissolution, albeit not provided for in balance sheet.

James & George Collie -v- Donald 1999 S.C.L.R. 420
Conflict between terms of agreement amalgamating two firms and subsequent partnership agreement.

Dollar Land (Cumbernauld) Ltd -v- CIN Properties Ltd 1996 S.L.T. 186
Nature of a partnership and joint venture.

Fairman -v- Scully & ors. unreported. Lord Hamilton, 9th July 1997
Expulsion from partnership; misconduct natural justice.

Finlayson –v- Turnbull (NO. 1) 1997 S.L.T. 613
Breach of fiduciary duty by partners leaving former firm in taking with them files belonging to that firm.

Heaney -v- Downie unreported, stated case for the Opinion of the Court of Session, 11th February 1997.
Entitlement to profit of a partner resigning from a firm; partnership agreement.

Ferguson –v- Duncan and ors. unreported Lord Penrose, 14th January 1998
Dissolution of partnership; interpretation of partnership agreement.

see also:
The Essence of Partnership is Mutual Agency
Partnership Problem Solving
Resolving Partnership Disputes