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Article

MacRoberts LLP | United Kingdom | 15 Jul 2011

New partnership - old liabilities?

In the recent case of Sim v Howat & McLaren 2011 CSOH 115, the Commercial Court of the Court of Session has undertaken a detailed examination of Partnership Law in Scotland, before ruling that a new partnership constituted by an incoming partner is liable for the prior business debts of the business.

Article

MacRoberts LLP | United Kingdom | 14 Jul 2010

Remedies for material misrepresentation - don't count your chickensor your grouse!

In the case of Cramaso LLP v Viscount Reidhaven's Trustees 2010 CSOH 62, the Court of Session decided that where representations are made to an individual, inducing a limited liability partnership (of which he was a member) to enter into a lease, if those representations transpire to be false, neither the individual - nor his LLP - have a right of recourse.

Article

MacRoberts LLP | United Kingdom | 11 Jun 2009

Extra-judicial admission or binding agreement?

The importance of the distinction between extra-judicial admissions and binding agreements was emphasised in the recent case of Jeroen Van Klaveren v Servisair UK Limited 2009 CSIH 37.

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