Business Disputes

Corporate Disputes

Director and shareholder disputes are the corporate world's equivalent of divorce. They are often emotive, highly charged and embittered. The issues involved are usually complex and wide-ranging. Whilst corporate disputes can arise as a result of a single act, they typically culminate from a series of events which have taken place over the course of several months or even years.

Our aim is always to bring about a resolution as quickly and as cost effectively as possible with a view to minimising the effect on the business. Resolution can be achieved in a number of ways, and may involve a combination of the following methods including:

  • arbitration
  • early neutral evaluation
  • expert determination
  • injunctive relief
  • litigation
  • mediation
  • negotiation
  • share valuation

Early advice is essential. By knowing where you stand legally, you can negotiate from a position of strength. Importantly, we can advise on how your communications and actions may be viewed by a court should litigation prove necessary.

We have considerable expertise in dealing with the following common scenarios:

Removal of directors from office: this often needs to be done in conjunction with the lawful termination of their employment.

Unfair prejudice claims by minority shareholders: minority shareholders may petition the court where the company's affairs have been conducted (usually by the majority shareholders) in a manner unfairly prejudicial to their interests.

Derivative claims: in certain circumstances, shareholders have the power to bring claims in the name of the company against directors. Derivative claims can be pursued by shareholders where there has been, or is likely to be, an act or omission by the directors amounting to negligence, default or breach of duty.

Just and equitable winding up pursuant to the Insolvency Act 1986: this is a less frequently used remedy than it used to be, but may still be appropriate in some circumstances, including deadlock situations in owner-managed businesses.

For further information please call 0345 111 5050 or email us.

Contact us

3 Waterfront Business Park
Brierley Hill
West Midlands, DY5 1LX

Email: law@higgsandsons.co.uk
Call Us: 0345 111 5050

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