Board, Shareholder and Partnership Disputes
Disputes involving directors and shareholders arise for a variety of reasons. There may be a breakdown of relationships between directors, disagreements concerning the proposed direction of the company or concerns about the conduct of a director. More often than note these disputes are highly charged and disrupt the day to business of a company.
We will assist you to identify the most appropriate solution for your business at an early stage to achieve a swift resolution.
We can advise you on:
- unfairly prejudicial conduct against a minority shareholder
- the removal of a director
- directors acting in breach of their duties
- the procedures for the transfer and valuation of shares
- derivative actions
An example of our work includes:
- A multi-million pound claim on behalf of an existing shareholder and CEO against UK wide vocational training company based on unfair prejudice and breach of directors fiduciary duties
- A multi-million pound claim on behalf of a Californian based computer game manufacturer for damages for breach of fiduciary and statutory duties in diversion of business opportunities
- Settlement at mediation of a claim for unfair prejudice and a counterclaim between the continuing directors and majority shareholders of a precision engineering company, and a minority shareholder and former director
Disputes between partners and members of LLPs are often highly charged.
We regularly advise both remaining and departing partners and members in professional partnerships and LLPs including accountants, surveyors and solicitors. Within the team, we also have niche experience of disputes involving medical practitioner partnerships, particularly dentists.
Disputes which often arise involve the rights and liabilities of the parties following a partner’s or member’s retirement, expulsion from the partnership or LLP or the dissolution or winding-up of the business. We use alternative dispute resolution as a tool to achieve sensible and cost effective solutions as early as possible. Mediation has the added benefit of being a confidential process. However, if court action is needed, we take swift and decisive action.
We also work with specialists in our Corporate and Commercial teams to draft, update and revise existing partnership agreements and/or settlement agreements ensuring a complete service to clients in relation to drafting agreements and partnership law.
Our experience includes:
- Successfully pursuing a claim valued in excess of £15 million concerning expelled members of a Limited Liability Partnership operating a national property investment and development business.