Being sued - small claims court help
Being sued - small claims court help
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Original Poster:

6,613 posts

237 months

Sunday 1st January 2017
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I am being sued for a grand. I have had the papers served on me for the small claims court.

3 partners, verbal partnership, I dissolved the partnership. I am now trading as sole trader with some bookings from the partnership, a few from before partnership was formed. One partner decided to give up the business, they other declined to purchase the equipment and hasn't contacted any clients, but refuses to accept the partnership is over.

I am not sure what my written defence should look like. Any kind souls out there take a look at the claimants statement and my defence, any advice listened to keenly.

PurpleMoonlight

22,362 posts

187 months

Sunday 1st January 2017
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Who is suing you and what is their basis of claim?

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Original Poster:

6,613 posts

237 months

Sunday 1st January 2017
quotequote all
Ex, partner. I dissolved the partnership in August. The partnership was wound up at the end of September, accounts produced. He was paid equally until assets were disposed of. No written partnership contract. He was made 2 offers higher than he was finally paid out in the winding up, he refused both offers insisting the business was not dissolved.

KungFuPanda

4,642 posts

200 months

Sunday 1st January 2017
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Make sure you get your Acknowledgement of Service in before the date due. Send it to the Court and the other party.

If you're defending it yourself, the Court will give you lots of leeway with regards the drafting of documents as you're obviously not a lawyer.

Keep put all you key points in your Defence. Keep it succinct. Use lots of paragraphs. You can flesh out the detail of your Defence in your witness statement which is served later once directions have been agreed.

PurpleMoonlight

22,362 posts

187 months

Sunday 1st January 2017
quotequote all
You have the right to dissolve the partnership.

But what does the £1000 relate to?

Did you purchase the equipment at fair market value?

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Original Poster:

6,613 posts

237 months

Sunday 1st January 2017
quotequote all
The winding up was done in accordance with the 1890 Partnership Act.

Assets were valued at a fair market value, comparables found.

We did some work without him between the dissolution and the winding up, he was paid equally for this. The claimant had not, in my opinion, acted in good faith to the other partners. He sent an email to the partners and changed some expenses on our system, so I have evidence of this.

Most of our work was found before the partnership existed. He is also claiming for the work he has already been paid for in the winding up.

dacouch

1,172 posts

159 months

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Original Poster:

6,613 posts

237 months

Sunday 1st January 2017
quotequote all