Shareholder Disputes
Disputes between shareholders are at best an unwanted distraction, and at worst a threat to the company’s existence. We have the expertise and experience to resolve them with minimal damage to the business’s operations or its value.
There’s no such thing as a good shareholder dispute. And some – depending on the nature of the dispute and the company’s stage of development – can destroy the whole business. We have extensive experience of resolving them successfully, having represented shareholders, directors, and companies ranging from private SMEs to large PLCs. We have also resolved partnership disputes, acting for members and partners.
Shareholder disputes can take many forms. The most common types, all of which we have acted on, are:
- Unfair prejudice petitions arising from breach of a shareholder agreement or the company’s articles of association, exclusion from management or decision-making processes, shareholder dilution, misappropriation of company assets, excessive remuneration, or failure to pay dividends
- Director’s breach of fiduciary duties or fraud
- Enforcement of share purchase or sale claims arising from share purchase agreements, put and call options, or good and bad leaver clauses
- Breach of joint venture agreement, shareholder agreement or partnership agreement claims
- Derivative actions
Whatever the specifics, our dispute resolution experts can find a way through that protects our clients’ interests, keeps the business going, and maximises its value. When necessary, we call on the knowledge and insight of other specialists from around the firm, such as those in our corporate finance, tax or employment teams. We also often bring in reliable and skilled experts from outside the firm, such as forensic accountants.
We are also recognised for managing dispute costs, including creating innovative structures that de-risk our clients’ exposure using third-party funding, insurance, and contingency agreements.
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Ben Pilbrow
Partner
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Ben Pilbrow
Partner