I have assisted numerous clients to resolve their boardroom and shareholder disputes, and I can assist you to resolve yours.
If you are trading through a limited company, the set of rules that applies to any given situation, based around the Companies Act, is entirely different to the rules relating to partnerships and LLPs.
Shareholder agreements often contain provisions dealing with good and bad leavers, how a compulsory share sale can be triggered, and how valuation of shares is to be approached. These are all key to the strategy to be adopted in any dispute.
For directors there is frequently an overlay of directors’ duties and employment law to be considered also.
It is becoming increasingly common for business ventures to involve a hybrid structure containing one or more LLPs and limited companies. It is important to analyse such structures carefully before taking any decisions as to how to proceed.
When a shareholder suffers unfair prejudice at the hands of another shareholder, for example where powers are exercised for an inappropriate purpose, the court can impose wide-ranging remedies to put matters right.
Some companies are classed as “quasi-partnerships”, in which shareholders may have additional rights. This often arises where the shareholder/directors were well known to one another and formed the company with a view to them all working together. In some circumstances it may be unfair for the rights and obligations set out in the Companies Act and the Articles of Association to be followed strictly, and the court is able to grant remedies which do justice between the parties.