JOHN FRASER TAIT AGAINST RGM SOLICITORS & Ors [2015] ScotSC 50 (30 June 2015)

JOHN FRASER TAIT AGAINST RGM SOLICITORS & Ors [2015] ScotSC 50 (30 June 2015)

Clause 7.1 of the Partnership Agreement, properly construed, entitles the pursuer to a fixed annual payment of £36,000 irrespective of the firm's profitability and does not impose liability for losses; contextual background and commercial sense support this interpretation.

Citation
[2015] ScotSC 50
Parties
Pursuer: John Fraser Tait; Defenders: RGM Solicitors & Others
Jurisdiction
Scotland
Judgment Date
30 June 2015
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Judgment
Outcome
Appeal refused; sheriff's interlocutors adhered to.
Legal Topics
Interpretation of Partnership Agreement, Fixed Remuneration Vs Profit Share, Liability for Losses, Commercial Construction of Contracts
Partnership Law Contract Law Interpretation of Partnership Agreement Fixed Remuneration Vs Profit Share Liability for Losses Commercial Construction of Contracts

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Parties

John Fraser Tait

Pursuer

RGM Solicitors & Others

Defenders

Procedural Posture

Civil Appeal / Appeal From Sheriff Court Judgment

Legal Issues

  1. 1 Proper construction of clause 7.1 of Partnership Agreement
  2. 2 Whether pursuer entitled to fixed payment irrespective of profits
  3. 3 Whether pursuer liable for losses of the firm

Ratio Decidendi

Clause 7.1 of the Partnership Agreement, properly construed, entitles the pursuer to a fixed annual payment of £36,000 irrespective of the firm's profitability and does not impose liability for losses; contextual background and commercial sense support this interpretation.

Court Disposition

Appeal refused; sheriff's interlocutors adhered to.

Orders

  • Defenders liable to pursuer in expenses of appeal.
  • Account of expenses to be given in and remitted to auditor of court to tax and report.