It is unavoidable that disputes will arise as a part of business life, especially where diverse individuals come together as members and officers of a limited company.
The challenges posed by corporate disputes involve many complex procedures, unique to such disputes however, the overriding principles of our advice remain the same: understanding the client’s needs and objectives, giving commercial advice having regard to the realities of the situation, and achieving a resolution of the dispute by the most appropriate and effective method.
Corporate disputes by their very nature usually see a conflict of intense emotions, where trust between the parties has broken down. We recognise the sensitive handling that certain corporate disputes require, to preserve the ongoing business and therefore we regularly employ mediation and offer alternative dispute resolution to resolve these disputes. Ultimately our clients wish to run their businesses, not be involved in protracted litigation unless absolutely necessary. A calm and rational analysis of the commercial realities of the issues can deliver the most appropriate result.
Some of the most common disputes we encounter, across a variety of industries, are breach of warranty claims, disputes among shareholders, the winding up of companies, M&A litigation where problems arise during or after acquisitions, earn out disputes, internal board disputes and actions against directors for unfair prejudice against minority shareholders.
The new Companies Act 2006 empowers shareholders to take actions against directors more easily, whilst placing more onerous burdens on those same directors.
Recently we acted for significant minority shareholders, in a dispute with a subsidiary of a listed company. This dispute involved unfair prejudice; failures to deliver earn outs and litigation over the M&A agreement whereby our clients had sold their majority shareholding to other investors. All trust had broken down between the parties, however, the matter was settled swiftly to the satisfaction of all concerned to allow the business to go out and secure important contracts for its future.
We have also acted for a finance house in a dispute with a major high street funder concerning the direction of the business. We advised as to our client’s rights and resisted the course of action complained about.
Recent disputes we have advised have also included AIM regulated disputes and others with significant international elements.
We also have experience working under the Companies Act 2006 and shareholder’s Derivative Actions together with proceedings to protect a minority from unfair prejudice, as well as defending such claims. Whatever the nature of your dispute we have the experience and expertise to manage and represent your best interests.
Funding
Fixed fee, capped fee and conditional fees are all considered. We will take a pragmatic and creative approach as our aim is to foster long-term business partnerships with our clients.
Due to our extensive experience, from an early stage we will be able to confirm whether we can act on your behalf on a conditional fee basis, more commonly known as “a no win no fee agreement”. Such an agreement simply means that if we do not succeed with your claim you will not have to pay for our services. However, if we are successful, you will be responsible for our legal costs in accordance with the conditional fee agreement. However, your reasonable legal costs are often recovered from the opposing party if you are successful.
