Disagreements within a business often occur, but if they escalate they can be extremely disruptive for the business and its reputation. These disputes may be between directors of the board or be shareholder or partnership disputes. Disagreements are usually as a result of personal difference or conflicts of interest, whether it’s a dispute about the management of the business, its future strategy or the rights of decision-makers who have a stake in the business being ignored.
As a result of these disputes, time is often diverted from the core strategic aims of the business and very often the legal solution may be inadequate because of the cost and disruptive nature of going to court.
Our lawyers are known for their creative approach to resolution and regularly use alternative dispute resolution tools in order to rapidly resolve disputes and avoid taking it to court. This approach ultimately ensures that your business is protected without any major negative impacts.
In cases where litigation is necessary our lawyers have experience of
- director, trustee and fiduciary duties – these are statutory and common law duties owed to a company, LLP or partnership (the entity)
- conflicts of interest – these occur where an individual’s interest are not aligned with those of the entity
- breach of shareholders agreements – these usually give rise to direct claims between the shareholders
- LLP and partnership disputes – the parties relationships may be governed by LLP or partnership agreements or the Limited Liability Partnership Act 2000 / Partnership Act 1890
- unfair prejudice claims – these arise under Section 994 Companies Act 2006
- claims under the Companies Act 2006 – the act provides various grounds upon which a claim or application can be bought including, for example, applications for rectification of the register of members
- disputes over directors remuneration – this may not be authorised by the articles of association or company remuneration policy
- breach of the company constitution – otherwise known as the articles of association which set out the rules by way the company should be operated
- fraud – it is unfortunately common for entities to be the victims of fraud perpetrated by their directors, shareholders, employees or agents. We have experience of forensically unravelling complex fraud.