Recent content by carl norman

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    Small claim court jurisdiction - eng or sco

    you are asuming the buisness is in England We dont know that from the op Only that he is resident of England Having said that i am assuming things also so am as guilty as yourself .....so lets agree that the byre advise is correct ....sorry
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    Small claim court jurisdiction - eng or sco

    The op has not mentioned his tob If has them and they state disputes are goverend by english law then agreed .....but if it is a simple invioce with no tob then it is Scotland
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    Partnership Act 1890 Section 20(2)

    That's what i believe lets hope we are both correct Never heard that before but will certainly be using it again haha Yes I was quite happy to keep this section under wraps as I have not mentioned it to them yet but glad you did as I believe it helps me Thank you for taking the time to take...
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    Noisy Tenant

    If it does not stop you can inform enviromental health and they may install monitoring equipment and eventually prosecute but let me warn you the threshhold of nuisence is extreamley high .....so dont hold your breath
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    Noisy Tenant

    I would start with a polite letter explaining in an understanding manner that the noise is becoming an issue and would she respectfully consider the other tenants ....then take it further if it persists..... remembering all relationships have issues from time to time Start by being understanding
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    Partnership Act 1890 Section 20(2)

    The Byre Thanks for the link .....i have read it ...all 515 pages lol......i have also sent a copy to the Scottish law society and the other lawyers and drawn their attention to the chapter on partnership property and the difference between the 2 juristictions on how prartnership property...
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    Partnership Act 1890 Section 20(2)

    The partnership traded both in England and Scotland My partner in Scotland and me in England.....It is unclear where it was formed prob via email lol.We held rental properties in England and Development land in Scotland Maybe i should add that the only income it produced was from the rentals in...
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    Partnership Act 1890 Section 20(2)

    From my original post:- "It is admitted by the firm the land was in the name of my ex partner but held on trust for the partnership."
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    Partnership Act 1890 Section 20(2)

    I agree the lawyers will win .....fortunatley i wont be paying them as the law society have taken up the case and have to apply the law and the loser pays ......i am only a secondry complainer so cannot get a costs order against me.....happy days
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    Partnership Act 1890 Section 20(2)

    I can assure you he does as does the Duel qualified QC but he is an English lawyer and they are Scotish lawyers as i thought i had made clear I am sure i do not have to remind the forum that English and Scots partnerships have different "legal personality" and as such both juristictions deal...
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    Should I pursue legal action?

    I am sorry you feel that way the "opinion" i gave was just that on the limited infomation you gave us. I am sure i do not have to remind you about "opinions" everyone has one just like another part of our anatomy. I did qualify my opinion by stating i am not legally trained.I am new to the...
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    Partnership Act 1890 Section 20(2)

    My lawyer says that it can be read in a number of ways Hence the question. He says its an antiquated peice of legislation that was written in victorian times when men walked around in top hats and their word was their bond. We say that as the partnership is deadlocked then if they wanted to...
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    Small claim court jurisdiction - eng or sco

    I was under the impression the op wishes to raise an action not enforce a judgement Apologize if i am mistaken
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    Small claim court jurisdiction - eng or sco

    If the person who owes you the money is domiciled in Scotland then you have to raise an action in Scotland It is called a "simple procedure" scotcourts.gov.uk /taking-action/ simple-procedure (put www before this link I don't have enough post to post links ) It is as the name suggests quite...
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    Should I pursue legal action?

    You state you have written confirmation from the accountant that turnover is £199k. Is there any disclaimer in the letter ? I would be surprised if any decent accountant did not put one in. How did the accountants letter first appear ? Did you ask them directly ? I presume not because the...
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