Monday 23 September 2013

UK: Scotland: No common law right to 'extra' interest

Judgment was given earlier this month in Dyce v Fairgrieve [2013] CSOH 155. At issue, in this case before the Court of Session (Outer House), was a claim by a former partner for interest over and above that provided for by section 42 of the Partnership Act 1890. The claim was based on an alleged right at common law. Lord Woolman rejected the claim: no authority had been cited to support it, nor was it supported by the cases or treatises.

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