Company & Shareholder Disputes

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.