Heather Capital Ltd (in liquidation) v Levy & McRae and others

Partnership – Liability of new partners. Court of Session: In an action which the liquidator of a company raised against a firm of solicitors and eight of its partners, contending that the company was defrauded of £90m and alleging that the defenders' dishonestly assisted a director in committing a breach of his fiduciary duties, the court held that there were no averments that would allow the liquidator to lead evidence that three of the defenders, either expressly or tacitly, agreed to take over the existing liabilities of the previous firm and it dismissed the case so far as laid against them; it also refused to allow receipt of a minute of amendment seeking to add five further current and former partners of the firm as defenders, and refused to order the defenders to answer questions about the insurance position.

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