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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10176
Experience:  Barrister 17 years experience
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Need to dissolve a partnership, through the courts, do i apply

Customer Question

need to dissolve a partnership, through the courts, do i apply to the crown court or the small claims court. What forms and fees do I need
Submitted: 8 months ago.
Category: Law
Expert:  Buachaill replied 8 months ago.
1. Dear Atunbi, can you better explain why you want the partnership dissolved and wound up through the courts? Please give the circumstances as normally there is no need to use the courts for this purpose.
Customer: replied 8 months ago.
for over 18 months the partner has continue to use the brand name and assets acquired during the partnership to enrich herself. I have not been paid a penny, infact she disputes there is a partnership
Customer: replied 8 months ago.
there are a facebook account with over a million followers, instagram page with almost a million as well and the incomes are generated by running adverts on this platform. She removed my access, and the last payment share I got from her was in june 2014, she has also ignored the letter my solicitor wrote her threatening a court case. So only the courts can help in this situation
Expert:  Buachaill replied 8 months ago.
2. Here, you will have to do one of two things. Either you get a receiver appointed to wind up the partnership thereby forcing the other partner to recognise the brand name and assets were partnership assets, or else, you issue legal proceedings calling upon the other partner to account to you for all profits made with the partnership assets and brand name. I would suggest the better course of action is that you issue proceedings for an account as then you get the benefit of your partner's labour to date. If you appoint a receiver, then the receiver's job will be to sell the partnership assets to the highest bidder for the most amount of money achieveable. If you want the brand name and assets, then you will have to bid the highest amount for these assets.
Expert:  Buachaill replied 8 months ago.
3. So your tactics depend upon what you want to achieve by your legal action. If you wish to merely gain money, a remedy of an account is better. If you have the money to buy the brand name and assets, and wish to trade yourself, then appointing a receiver is the better option.
Customer: replied 8 months ago.
please how do i go about the issue of proceedings,
Customer: replied 8 months ago.
I would rather keep the brand going, the best option is for us to be amicable/civil and continue, the last option being to dissolve it. I however need to take some sought of action, so we can move forward
Expert:  Buachaill replied 8 months ago.
4. For a partnership dispute, I would advise you to get a solicitor. You can issue legal proceedings yourself, but if the business is as big as you suggest, you won't get far issuing legal proceedings yourself as the other side will be better resourced. You are better off hire a solicitor and get a barrister to draft legal proceedings. Agree some fee arrangement with the solicitor in advance.
Expert:  Buachaill replied 8 months ago.
5. If you want to keep the brand going, then I would suggest you seek a remedy of an account. However, be aware that at any stage your partner can seek to wind the partnership up. So be aware that the appointment of a receiver is a double-edged sword. It can be used by your partner as well. So the key point is to get finance to buy any assets or brand name which might come up for sale.
Customer: replied 8 months ago.
am limited budget wise so i am happy to go with the cheapest option at this point
Customer: replied 8 months ago.
the application how much is it and which court do i go to, i know solicitor fees are extra
Expert:  Buachaill replied 8 months ago.
6. You should agree a contingency fee arrangement with a solicitor whereby they get part of your recovery. This is the way to operate on a limited budget. Otherwise, you can get a barrister to draft papers directly and economise on legal costs in this way.
Expert:  Buachaill replied 8 months ago.
7. You will have to issue proceedings in the County Court. Costs would be about £5,000 for solicitor and barrister.
Expert:  Buachaill replied 8 months ago.
8. Please Rate the answer as unless you Rate the answer your Expert does not get paid for answering your Question.
Customer: replied 8 months ago.
please what forms should i fill incase i want to do it myself
Expert:  Buachaill replied 8 months ago.
9. If you want to do it yourself, purchase the Green Book, or get it from a library, which is a book which sets out the procedure in the County Court. It also contains precedents in the back of the book which you can use to issue legal proceedings in this instance.
Customer: replied 8 months ago.
my solicitor advised i need to speak to a barrister before i tender my case in court
Customer: replied 8 months ago.
would you be able to look into my case and tell me my chances in court
Expert:  Buachaill replied 8 months ago.
10. Your solicitor has the right idea. I stated earlier you should get a barrister involved in the case, as it is quite complicated. Secondly, this is purely a question and answer legal forum. There is no examining papers and assessing the chances of success. You will have to get the barrister you employ to do this for you.
Expert:  Buachaill replied 8 months ago.
11. Please Rate the answer as your Expert receives no payment for answering your Questions unless you Rate the Answer.

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