Alexander and others v Marshall Ross & Munro and others

Partnership – Transmission of liabilities – Liability of partnership for debts of predecessor businesses. Court of Session: In an action in which the trustees of the Scottish Solicitors Staff Pension Fund claimed a sum representing that part of the deficit in the fund arising in respect of three employees of one or more of the former iterations of the firm, suing the firm as the successor of a number of partnerships and, alternatively, a partner of the firm in his personal capacity, the court held that the pursuers' alternative case against the second defender as an individual was incompetent because of a failure to call all parties necessary for the effective determination of the cause, and their primary case against the firm, based on a presumption that liability to the Fund transferred between each iteration of the firm, was fundamentally irrelevant, inter alia because they failed to engage with or aver essential features of the presumption.

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