How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I would like to some legal advice in regards to a

Customer Question

Hi I would like to some legal advice in regards ***** ***** partnership in a civil case in Scotland. I am the pursuer. Thank you!
Alex
Submitted: 2 months ago.
Category: Law
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JGM replied 2 months ago.

I am a solicitor in Scotland. How can I help you?

Customer: replied 2 months ago.
Hi, I am the pursuer in a civil case for a partnership dissolution and I have the proof hearing in 4 weeks time. Am I able to create an incidental application to adjust the initial claim I have put forward when the case started? If not, what is the procedure?
Expert:  JGM replied 2 months ago.

Is this under ordinary procedure or summary cause procedure? What is the nature of the adjustment you want to make.

Customer: replied 2 months ago.
Hi it's in regards ***** ***** summary cause procedure. I have initially claimed the initial investment I put towards the business, however there are no guarantees in a partnership that you will get the investment back, therefore I am now seeking half of the current business value (which is currently being evaluated). Considering the proof hearing is in 4 weeks, will the judges determine this by themselves or do I have to adjust the initial claim? If so what is the process, e.g. Incidental application?
Expert:  JGM replied 2 months ago.

The correct amount you should be suing for is the value of your capital account as at the date of dissolution per the dissolution accounts. You will require to amend your statement of claim by way of Incidental Application. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 2 months ago.
Can you please advise as to how the incidental application should be formatted? Also is there going to be another hearing scheduled as a result of the incidental application, before the proof hearing?
Expert:  JGM replied 2 months ago.

The other side may ask for an adjournment given that they will be facing a different quantification of the case. You IA should ask the court to delete the passages of test in your statement of claim that you wish removed and should ask for them to replaced with "the following" and you then have to state what replacement text you want to add to the statement of claim. Once the court gets the IA it will assign a hearing and you have to intimate everything to the opponent. Follow the summary cause rules on the Scottish Courts website and you should be able to do this yourself. If you are in any doubt get a solicitor to do it for you. Civil court work is quite specialised and it's easy to make a mistake if you don't have experience.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions