Support for your business
Company & Shareholder Disputes
We minimise the impact of a dispute on your business
The smooth running of your company does not just affect commerce and trade. It can have an impact on the livelihoods of you, your employees and your investors. So, it is crucial to make sure that any disruptive disputes between directors, between shareholders, or between directors and shareholders, are resolved swiftly and amicably.
We are here to help. Our litigation team is highly experienced in advising on a wide range of company disputes, including breaches of: - warranties, restrictive covenants and directors’ duties. We can also advise on breaches of shareholders’ agreements, and unfair prejudice petitions, and other corporate governance disputes.
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Katy Manley
Consultant -
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Advice you can trust – no dispute
Members of our litigation team have been recognised by the Legal 500 as exceptional individuals in their field. Our service is personal and flexible, and we will always tailor our services and the way we work together to suit your priorities and goals.
We follow the most sensible course
As experts in Dispute Resolution mechanisms, we always look to utilise those mechanisms, such as Alternative Dispute Resolution (ADR), in the first instance. However, we can also represent your interests robustly if full litigation is required. Our expertise includes:
Shareholder Disputes
Whether it is a blocking of a policy by a minority shareholder or a shareholder not fulfilling their obligations; a disagreement about the direction your company is taking, or if a former shareholder is in breach of a confidentiality agreement, we can help you find a constructive way forward.
Our work includes advising shareholders on the enforcement of their rights, such as by way of Unfair Prejudice Petitions, and advising directors on the enforcement of the company’s rights, for instance by way of Derivative Claims.
Unfair Prejudice
A shareholder can be unfairly prejudiced when a majority shareholder abuses their power, usually, to the detriment of the minority. We will work with you to measure to what extent the unfairly prejudicial conduct has compromised you as a shareholder in one of several ways, which can include:-
- despite your legitimate expectation of being involved in the management of the business, you have been you have been excluded from that management or;
- Misconduct by majority shareholders who as directors award themselves excessive bonuses or refuse to award dividends to the minority
Breach of Director’s Duties/ Derivative Actions
If, in your position as shareholder or director, you believe another director is acting in breach of their duties, action could be taken against them, especially if the company has suffered loss as a result.
Whether you are a director accused of being in breach of duty, or you believe a director could be in breach, we can act on your behalf.
Breach of Restrictive Covenants
Restrictive covenants are put in place to prevent any parties associated with the company acting in a way that might damage your business (financially or reputationally) and we can advise you if you believe there has been a breach.
Breach of Warranty Claims
We can advise you if you have bought shares in a company and the seller gives warranties about the finances and other aspects of the company that turn out to be incorrect.
Wrongful Interference
We can advise and help you claim damages if you believe someone has wrongly interfered with a business contract or business relationship you have.
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Get in touch
Talk to us about your legal challenges and discover how our expert, pragmatic legal advice and broad commercial acumen can help.