Scottish Pension Fund Trustees Ltd v Marshall Ross & Munro and others

Partnership – Transmission of liabilities – Liability of partnership for debts of predecessor businesses. Court of Session: Allowing a reclaiming motion in an action in which the trustees of a pension fund claimed a sum representing that part of the deficit in the fund arising in respect of three employees of former iterations of a firm of solicitors, suing the firm as the successor of a number of partnerships, the court held that the commercial judge had erred in dismissing the action as irrelevant: the pursuers had averred sufficient from which the court could infer that, in relation to their dealings with third parties, including the pursuers, the various successor firms undertook to pay the debts of their predecessors.

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