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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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Business partner lied in court in order to have me removed

Resolved Question:

business partner lied in court in order to have me removed as a partner and to appoint a judicial factor to wind up the company
the end result was that she ended up with the company and the assets
if we can prove that these orders were granted on a lie can i apply for a void order under the 1890 partnership act
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Can you tell me what you mean by a void order and to which section of the 1890 Act you are referring?
Customer: replied 1 year ago.
A order to have the original finding nullified
And all matters prior to court order beeing reinstated
As the former partner lied in court and did so to gain a financial advantage
Expert:  JGM replied 1 year ago.
No, there is no chance of this at such a late stage. You should have contacted the matter at the time the application for a judicial factor was made. Your only possible remedy now is a claim for damages.
Customer: replied 1 year ago.
Thank you getting mixed messages
As I was informed there is no time bar on obtaining a void order
Expert:  JGM replied 1 year ago.
I'm not referring to time bar necessarily.
What I mean is that there is no such thing as a "void order" in Scots law. What you are probably referring to is a recall of the appointment of the Judicial Factor. If the Judicial Factor has completed the winding up of the partnership that can't be undone.
The only remedy is damages.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Judical factor was appointed by court with a order to wind up the company
But several company assets were omitted on the balance sheet
And the company is still trading
There was no offer from factor on a bye out proposition and no value offered from x parntner to keep company