Company Director Disputes

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The owners and leaders of the business may have differing, perhaps entrenched views as to the direction, strategy or vision for the business, thus causing director, partnership or shareholder disputes. If this escalates, it can cause reputational damage, create uncertainty for employees, stakeholders, customers and suppliers, restrict progress, as well as create unwelcome opportunities for competitors. The reasons for these issues are complex and tensions run high, so our team commits to advising on the absolute best strategy and tactics for a swift and full resolution, that protects you in the long term.

KEY SERVICES IN DIRECTOR, PARTNERSHIP OR SHAREHOLDER DISPUTES

Below are some of the types of disputes we provide expert guidance on:

  • Director disputes, statutory obligations
  • Shareholder disputes
  • Unfair prejudice claims
  • Breaches of director duties
  • Director changes and protection against competitors
  • Partnership disputes including issues relating to new partners, performance, poor behaviour, succession planning and many more.

WORK EXAMPLES OF DIRECTOR, PARTNER AND SHAREHOLDER DISPUTES

We have listed a few examples of the sorts of disputes we have advised on recently:

  • Facilitating constructive discussions between directors in which a breakdown of trust and understanding had arisen.
  • Claim against a director for breach of duties in failing to notify the board of directors of a planned move of senior employees including the director to a competitor.
  • Acting for a partnership in recovery of losses from a former partner for excessive drawings and breaches of the partnership agreement.
  • Claims by minority shareholders against majority shareholders for unfair prejudice.
  • Acting for a minority shareholder/sales director in a software company where the majority shareholder/director was making unlawful inter-company loans, extracting huge sums from the company as “expenses” and utilising company property to facilitate a relationship with a company employee.
  • Acting for a director and shareholder in dispute with co director/shareholder as to ownership of key intellectual property rights, ascertaining ownership of such rights prior to the incorporation of the company and negotiating cross licensing arrangements to permit continued use.

How we’ve helped our clients

“Paris Smith established my contractual rights and advised me on the settlement deal that I should be aiming for, taking into account my thoughts and concerns. The team were very aware of the stresses and pressure that this situation puts you under and allowed plenty of time for big decisions to be made. ”

Name withheld

Introducing your key contacts

Helen Brown
Partner – Commercial Disputes

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Chris Holliss
Partner – Commercial Disputes

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KEY CONTACTS

Company Director Disputes Resources

16th January 2020

Is Your Solicitor Playing To Win?

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16th January 2020

Is Your Solicitor Playing To Win?

Do your lawyers have the knowledge to win your case? There are many avenues your solicitor could go down to ensure you win, and keep costs down. Partner Helen Brown explores this.

Show Notes:
00:40 What normally happens when you have a commercial dispute? Helen describes the situation you want to avoid
01:30 Helen considers some of the tactical mistakes that are made during a commercial dispute resolution process
01:47 Helen suggests some ideas to think about when you are going through a commercial dispute, how can you ensure you win?

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